The International Enforcement Law Reporter

The International Enforcement Law Reporter is a monthly print and online journal covering news and trends in international enforcement law.

Since September 1985, the International Enforcement Law Reporter has analyzed the premier developments in both the substantive and procedural aspects of international enforcement law. Read by practitioners, academics, and politicians, the IELR is a valuable guide to the difficult and dynamic field of international law.

DOJ Issues Revised Guidance on Evaluation of Corporate Compliance Programs

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

            On June 1, 2020, the Department of Justice (DOJ) issued a revision of its guidance on the Evaluation of Corporate Compliance Programs.[1] The Guidance sets forth for companies general principles and elements to consider when designing, implementing, and updating their compliance policies and procedures. The DOJ considers, in conducting an investigation of a corporation, whether to bring charges and negotiate plea or other agreements.[2]  In addition, the U.S. Sentencing Guidelines advise that consideration be given to whether the corporation had in place at the time of the misconduct an effective compliance program for purposes of calculating the appropriate organizational criminal fee.[3] This article highlights the new Guidance and action items that entities with compliance programs should consider in light of the new Guidance.


[1]    U.S. Department of Justice Criminal Division, Evaluation of Corporate Compliance Programs

(Updated June 2020).

 

[2]    Justice Manual (JM), Principles of Federal Prosecution of Business Organizations 9-28.300.

 

[3]    U.S.S.G. §§ 8B2.1, 8C2.5(f), and 8C2.8(11).

 

EUROPOL Starts European Financial and Economic Crime Center

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On June 5, 2020, Europol started the new European Financial and Economic Crime Center (EFECC).  The European Union Anti-money Laundering Action Report[1] mentioned the start of the EFECC, partly in response to the various anti-money laundering scandals in the European Union (e.g., Danske Bank[2] and Swedbank.)[3]

 

U.S. Justice Department Brings Forfeiture Action against $20 Million Assets of Alleged Iranian Sanctions Violations

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On June 3, 2020, the U.S. Department of Justice filed in the U.S. District Court for the District of Alaska a forfeiture complaint[1] alleging that assets equivalent to more than $20 million are subject to forfeiture based on violations of the International Emergency Economic Powers Act (IEEPA) and federal money laundering statutes.[2]



[1]    U.S. v. Funds in the Amount of 73,293,750AED (Approximately $20 Million) in the Possession and Control of Ras Al Khaimah Investment Authority (RAKIA), U.S. District Court D. Alaska, Civil No. 3:20-cv-00126-JMK, June 3, 2020.

 

[2]    U.S. Department of Justice, Justice Department Seeks Forfeiture of More than $20 Million in Assets Relating to Unlawful Use of U.S. Financial System to evade and Violate Iranian Sanctions, Press Rel., June 3, 2020.

 

 

U.S. Unseals Indictment Charging 33 Persons with Laundering over $2.5 Billion for N. Korea

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On May 28, 2020 , the United States Attorney for the District of Columbia unsealed an indictment, charging 28 North Korean and five Chinese nationals with using more than 350 shell companies to launder over $2.5 billion in assets through the international financial system.[1]



[1]    U.S. v. Col Cho Man, U.S. District Court for D.C., Case No. 1:30-cr-00032-RC, Feb. 5, 2020 https://int.nyt.com/data/documenthelper/6971-north-korea-indictment/422a99ddac0c39459226/optimized/full.pdf#page=1

 

 

Canadian Court Finds Huawei CFO Extraditable to the U.S. on Fraud Charges

Friday, June 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 28, 2020, in the case of United States v. Meng, 2020 BCSC 785, Associate Chief Justice Heather Holmes of the Supreme Court of British Columbia denied Wanzhou Meng’s request for an order discharging her from the extradition process on the basis that, as a matter of law, the “double criminality” requirement for extradition cannot be met.[1]

 

Canada Opens its Courts to Overseas Human Rights Abuses

Friday, June 5, 2020
Author: 
Peter Bowal and Thomas D. Brierton
Volume: 
36
Issue: 
6
Abstract: 
On February 28, 2020, the Supreme Court of Canada by a five-to-four majority in its Nevsun Resources Ltd v Araya decision, refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea.  Canadian courts are open to hear claims under Canadian law for wrongs committed outside Canada.

European Commission’s New AML/CFT Action Plan and Decision to Task New EU Agency with EU-Level Supervision

Saturday, May 30, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
6
Abstract: 

On May 7, 2020, the European Commission published an ambitious and multifaceted Action Plan, which sets out concrete measures that the Commission will take over the next 12 months to better enforce, supervise, and coordinate the EU's rules on combating money laundering and terrorist financing. The aim of this new, comprehensive approach is to shut down any remaining loopholes and remove any weak links in the EU's rules.[1

U.S. Arrests Former Green Beret and Son on Japanese Extradition Warrant for Helping Carlos Ghosn Escape

Saturday, May 30, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 20, 2020, United States authorities detained former Green Beret Michael Taylor, 59, and his son Peter, 26, in Massachusetts on charges that they helped ex-Nissan boss Carlos Ghosn escape Japan last December.[1]

EU Proposes New Strategy Against Foreign Terrorist Fighters Returnees: Cumulative Prosecutions

Saturday, May 30, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
6
Abstract: 

Since, 2016, May 23, 2020 has marked the annual EU Day against Impunity for genocide, crimes against humanity, and war crimes. The Croatian Presidency of the Council of the European Union, the European Commission, Eurojust, and the Network for investigation and prosecution of genocide, crimes against humanity, and war crimes (the Genocide Network) co-organized this day.[1]

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