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.

Grandfather of Eel Fishing Sentenced for Illegally Trafficking American Eels

Friday, May 11, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
5
Abstract: 

On May 3, 2018, U.S. District Judge Jon Levy in Portland, Maine sentenced William Sheldon to six months in prison followed by three years supervised release for trafficking juvenile American eels, also called “elvers” or “glass eels,” in violation of the Lacey Act.

Parents of Otto Warmbier Sue North Korea under FSIA for Their Son’s Torture and Wrongful Death

Friday, May 11, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
5
Abstract: 

n April 26, 2018, Fred and Cindy Warmbier, the parents of University of Virginia student Otto Warmbier, filed suit against the government of North Korea for the torture and wrongful death of their son. The suit was filed in the U.S. District Court for the District of Columbia.

Pakistan and U.S. Clash over U.S. Diplomat’s Accident Killing Motorcyclist

Friday, May 11, 2018
Volume: 
34
Issue: 
5
Abstract: 

On April 7, 2018, police reports and relatives say a U.S. embassy vehicle driven by Defense and Air Attaché Col. Joseph Emanuel Hall collided with a motorcycle, killing 22-year-old motorcyclist Ateeq Baig, and injuring another person on the bike.  A Pakistani court has criticized Pakistani authorities for not imposing foreign travel restrictions on Hall.

In Jesner v. Arab Bank, U.S. Supreme Court Rejects Corporate Liability for International Law Violations under the Alien Tort Statute

Friday, May 4, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
4
Abstract: 

In a 5-4 ruling issued on Tuesday, April 24, 2018, the U.S. Supreme Court ruled that the Alien Tort Statute (ATS) cannot be used to sue foreign corporations. With Justice Kennedy writing for the majority, the Court affirmed the Second Circuit’s decision to dismiss a lawsuit against Arab Bank PLC, a Jordanian financial institution with a branch in New York. The litigants claimed that the bank had facilitated transactions that had benefited terrorists that had committed attacks in Israel and the Palestinian territories. Kennedy was joined in his opinion by the Court’s conservative flank. The case is Jesner v. Arab Bank.

Transparency Int’l Critiques G20’s Unmet Promises on Ending Anonymous Companies

Friday, May 4, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
5
Abstract: 

On April 19, 2018, Transparency International issued a report titled, G20 Leaders or Laggards? Review G20 promises on ending anonymous companies.

The TI report discusses how the major cross-border “grand corruption” scandals have tarnished the Group of 20 (G20) countries in recent years.  It cites the fact that in 2017 Odebrecht the Brazilian engineering company was assessed a US$2.6 billion fine for bribery after being charged with paying US$788 million in bribes. In the “Russian Laundromat” scandal, exposed in 2017, a group of individuals in G20 member Russia allegedly established 21 shell companies, which then moved and laundered illegal proceeds out of the country, making more than 26,000 payments to 96 different countries including every G20 country aside from Brazil.  Increasingly, anonymous companies hide the identity of the person at the source of the funds either to launder and transfer stolen money, or to operationalize corrupt deals, using companies and offshore accounts to pay bribes or buy influence.

Superseding Indictment Charges 4 More Chinese and Six U.S. Residents in International Drug and Laundering Conspiracy Involving Opioids

Friday, May 4, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
5
Abstract: 

On April 27, 2018, a superseding indictment was announced against four Chinese nationals:  Na Chu, 37; Yeyou Chu, 36; Cuiying Liu, 62; and Keping Zhang, 62.  The charges were announced by Attorney General Jeff Sessions, U.S. Attorney Christopher C. Myers for the District of North Dakota and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.

Council of Europe Adopts Resolution on Fighting Organized Crime through Confiscation

Friday, May 4, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
5
Abstract: 

At its 17th sitting held on April 26, 2018, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 2218 (2018) on fighting organized crime by facilitating the confiscation of illegal assets. The debate and resolution were based on a Report prepared by the Committee on Legal Affairs and Human Rights.

EU Adopts 5th AML/CFT Directive and Directive on Use of Financial and Other Information in Criminal Cases

Friday, May 4, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
5
Abstract: 

On April 19, 2018, the EU Commissioners welcomed the adoption by the European Parliament of the 5th Anti-Money Laundering Directive. On April 17, 2108, the European Commission adopted a directive on the rules to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offenses.

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