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.

Angola-U.S. Sign Law Enforcement and Security MOU as Angola Continues to Progress on Anti-Corruption

Wednesday, August 21, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

The current Angolan administration of João Manuel Gonçalves Lourenço continues to work to strengthen its efforts on anti-corruption and improved governance.  In this regard, the United States government is increasingly helping its efforts. On July 1, 2019, the Angolan and United States government signed a Memorandum of Understanding (MOU) in the field of Security and Public Order.    The MOU will enable the two governments to cooperate in the fields of information exchange related to the prevention, investigation, and combat of criminal activity, including the collection and processing of evidence.  The MOU encourages the exchange of information on criminal investigation techniques, the implementation of professional training programs, and exchange of delegations.[1]

Transgender Accused Murderer in Canada Fights Extradition to US on Human Rights Grounds

Tuesday, August 20, 2019
Author: 
Peter Bowal and Marcus Smith and Carter Czaikowski
Volume: 
35
Issue: 
8
Abstract: 

This article highlights a recent murder extradition case in Canada that consumed five years from 2014 through 2019 and overwhelming public legal and judicial resources to resolve. On September 17, 2014, Kevin David Patterson, 21, allegedly bludgeoned his roommate Richard Bergesen to death with a shovel in Washington state.  Years following judicial orders denying him and ordering extradition, and successive appeals therefrom, Patterson began to claim recourse for numerous human rights violations.  These alleged violations related to various complaints while in custody including the food served to him, institutional behavioral expectations, disrespect toward his expressed sexuality, and delay in transfer to another incarceration facility.

StAR Promotes E-Filing of Asset Declarations by Public Officials

Monday, August 19, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

Stolen Assets Recovery issued a report discussing the utility of electronically filing the disclosure of assets and interests by public officials.  World Bank research shows more than 143 countries have introduced a system of asset and/or interest disclosure for public officials.[1]  Asset and interest disclosure systems are important mechanisms to prevent conflicts of interest and illicit enrichment, improve integrity, and promote accountability of public officials.[2] The transition to electronic-based filing (“E-filing”) and data management depends on many variables such as internet access, availability of digital signatures, information technology capacity, and institutional capacity to process filings. [3]

US Citizen Charged in Spanish Attack on NK Embassy Satisfies Court re Extradition Prehearing Release

Monday, August 19, 2019
Author: 
Linda Friedman Ramirez
Volume: 
35
Issue: 
8
Abstract: 

               On July 2, 2019, the Honorable Jean Rosenbluth, U.S. Magistrate Judge for the Central District of California, found clear and convincing evidence allowing for the release of relator Christopher Philip Ahn on conditions of extradition. A release pending hearing in an international extradition case is rare, due to the Court’s desire to fulfill treaty obligations.  In this case[1] Ahn, a U.S. citizen and former Marine, was charged with participating in an armed attack on the North Korean Embassy in Madrid, Spain on February 22, 2019.  A provisional arrest warrant was issued on April 11, 2019 by the Central Court of Investigation No. 5 in Madrid, Spain. Ahn was arrested in California on April 18, 2019. The Kingdom of Spain seeks his extradition pursuant to the Spain Extradition Treaty between the United States and Spain, signed January 25, 1975, and the supplementary treaties entered into thereafter. 

U.S. Court of Appeals Affirms Contempt Order Against 3 Chinese Banks for Subpoena Noncompliance

Saturday, August 17, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

On July 30, 2019, the United States Court of Appeals for the D.C. Circuit unanimously affirmed a contempt order against three Chinese banks that failed to comply with subpoenas from the U.S. Department of Justice (DOJ).[1] On April 30, 2019, the U.S. District Court for the D.C. Circuit unsealed an opinion issued on March 18, 2019, by Chief Judge Beryl A. Howell enforcing grand jury subpoenas and an administrative subpoena against three Chinese banks for records of transactions for a now-defunct Hong Kong-based front company for North Korea’s state-operated company.[2] While the banks involved are not named in court papers, they were previously reported to be the Bank of Communications, China Merchants Bank, and Shanghai Pudong Development Bank (SPD).

A Comprehensive and Detailed Report on CIA Renditions Published

Saturday, August 17, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
8
Abstract: 

In July 2019, a comprehensive report CIA Torture Unredacted was released.[1] It addresses an investigation into the CIA torture program and presents the combined findings from a four-year joint investigation by The Rendition Project and The Bureau of Investigative Journalism. It is, without doubt, the most detailed account of the CIA torture program ever published. The Rendition Project is a collaborative research initiative run by Professor Ruth Blakeley at the University of Sheffield and Dr. Sam Raphael at the University of Westminster. The Rendition Project is at the forefront of efforts to investigate and understand the use of rendition, secret detention and torture by the CIA and its allies in the “War on Terror”.[2]

Liechtenstein-Related Swiss Bank Settles Tax Enabler Case with U.S. for $10.6 Million

Thursday, August 15, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

On July 31, 2019, the United States Department of Justice (DOJ) agreed to a resolution with LLB Verwaltung (Switzerland) AG, formerly known as “Liechtensteinische Landesbank (Schweiz) AG (LLB-Switzerland), a Swiss-based private bank. LLB-Switzerland agreed to pay a penalty of $10,680,554.64 to the U.S. and cooperate in any related criminal or civil proceedings in return for DOJ’s agreement not to prosecute the company for tax-related criminal offenses committed by LLB-Switzerland.[1]

Hong Kong Extradites Pakistan National for Computer Crime

Thursday, August 15, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

On August 5, 2019, prosecutors unsealed an indictment of Muhammad Fahd, a 34-year-old Pakistan national, who Hong Kong extradited to the United States.  A federal grand jury indictment in Seattle, Washington charges him with paying insiders at AT&T to plant malware and otherwise misuse computer networks to unlock cellphones in a 14-count federal indictment also unsealed on August 5.[1]

Security Council Adopts Resolution on Linkages Between Organized Crime and Terrorism

Wednesday, August 14, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
8
Abstract: 

On July 19, 2019, the United Nations Security Council (UNSC) unanimously adopted Resolution 2482 (2019), which addresses the relationship between organized crime and counter-terrorism. This is a topic that has been debated regularly in the UNSC since the first resolution, Resolution 1373 (2001), a month after 9/11, that recognized a “close connection between international terrorism and transnational organized crime, illicit drugs, money-laundering, illegal arms-trafficking, and illegal movement of nuclear, chemical, biological and other potentially deadly materials.” This resolution called for national, regional, and international cooperation to combat terrorism financing and money laundering.

U.S. and Guatemala Sign Safe Country Asylum Agreement Despite Implementation Issues

Tuesday, August 13, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
8
Abstract: 

On July 16, 2019, Guatemala and the United States signed an agreement that would designate Guatemala as a safe third country for individuals seeking asylum in the United States despite issues in Guatemala about its legality and ability of Guatemala to implement.[1] The White House still has not released the details of the agreement.  President Trump announced the agreement in an unscheduled appearance in the Oval Office with Enrique Degenhart, the Guatemalan minister of government and the acting homeland security secretary Kevin McAleenan.[2]

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