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.

U.S. Indicts Two Chinese Hackers Associated with the Chinese Government for Global Campaigns to Steal Intellectual Property and Confidential Business Information

Saturday, December 29, 2018
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
1
Abstract: 

On December 20, 2018,  Deputy Attorney General Rod J. Rosenstein and other high-level U.S. officials announced the unsealing of an indictment charging Zhu Hua (朱华), aka Afwar, aka CVNX, aka Alayos, aka Godkiller; and Zhang Shilong (张士龙), aka Baobeilong, aka Zhang Jianguo, aka Atreexp, both nationals of the People’s Republic of China (China), with conspiracy to commit computer intrusions, conspiracy to commit wire fraud, and aggravated identity theft.

Malaysia Charges Goldman Sachs with Fraud and Laundering Related to 1MDB Scandal

Saturday, December 29, 2018
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
1
Abstract: 

On December 17, 2018, the Malaysian Attorney General filed criminal charges against Goldman Sachs with respect to the latter’s arrangement and underwriting for 1Malaysia Development Berhad (1MDB) in 2012 and 2013.  The prosecutor has charged Goldman Sachs and four individuals, two of them former Goldman employees, of “grave violations” of Malaysia’s securities laws.

German Appellate Court Overturns Convictions of Two Rwandans Charged with War Crimes

Saturday, December 29, 2018
Author: 
Evan Schliecher
Volume: 
35
Issue: 
1
Abstract: 
Germany’s top appeals court has partially overturned the convictions of two Rwandan men, Ignace Murwanashyaka and his deputy Straton Musoni, who were accused of aiding and abetting war crimes in Rwanda. Their original trial, which was concluded in 2015, was a massive war crimes trial in which the Higher Regional Court in Stuttgart was in session for 320 days over a period of more than four years. The indictment, making use of the German Code of Crimes Against International Law (Völkerstrafgesetzbuch, CCAIL), which was introduced in 2002 to bring German criminal law in line with the provisions in the Rome Statute of the International Criminal Court (ICC), was the first major test of the principle of universal jurisdiction. While the case resulted in convictions, it also highlighted the limits of universal jurisdiction in practice. The extremely limited sentencing of these two men initially, and the subsequent overturning of major segments of their convictions, reveal the degree to which a lack of domestic resources and overwhelming international friction to a loosely defined universal jurisdiction have made current efforts, such as those in Germany, largely ineffective.

Canada Grants Bail to Huawei Executive on U.S. Extradition Warrant for Sanctions Charges

Saturday, December 15, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
12
Abstract: 
On December 1, 2018, Canada arrested Meng Wanzhou, Huawei’s global chief financial officer, on a U.S. extradition warrant to answer fraud charges in the U.S. District Court for the Eastern District of New York. During a bail hearing on December 7, 2018, John Gibb-Carsley, a lawyer with the Canadian federal Justice Department, told the court Ms. Meng committed multiple acts of fraud against financial institutions and should be denied bail.  He told B.C. Supreme Court Justice William Ehrcke that Meng does not have meaningful connections to Canada, has enormous resources, and poses a serious flight risk, especially since each offense carries a maximum of 30 years in prison. On December 11, 2018, after three days of hearings, Justice Ehrcke granted bail.

EU Council Makes Progress on Migration, Terrorism, E-Evidence and Various Justice and Law Enforcement Issues

Friday, December 14, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
12
Abstract: 
At its 3661st meeting on December 6 and 7, 2018, the European Union’s Justice and Home Affairs Council discussed and adopted positions on a number of criminal justice, home and law enforcement issues.

U.S. Indictment Charges Professionals and U.S. Taxpayer for Tax and Related Offenses Arising From Panama Papers

Saturday, December 8, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
12
Abstract: 

On December 4, 2018, U.S. law enforcement announced the unsealing of an indictment in the U.S. District Court for the Southern District of New York, charging four individuals with wire fraud, tax fraud, money laundering, and other crimes for their alleged roles in a decades-long criminal scheme perpetrated by Mossack Fonseca & Co. (“Mossack Fonseca”), a Panamanian-based international law firm, and related entities.

Twenty Years Later, United States and Europe Reaffirm Commitment to Restituting Nazi-Looted Artwork

Saturday, December 8, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
12
Abstract: 

On December 3, 1998, forty-four countries, along with a host of art collectors and NGOs, convened in Washington D.C. to discuss the return of Nazi-looted art. Nazi authorities expropriated artwork and other cultural property on an unprecedented scale. During World War II, they looted nearly twenty percent of Europe’s art, or roughly 750,000 works.

Twenty Years Later, United States and Europe Reaffirm Commitment to Restituting Nazi-Looted Artwork

Saturday, December 8, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
12
Abstract: 

On December 3, 1998, forty-four countries, along with a host of art collectors and NGOs, convened in Washington D.C. to discuss the return of Nazi-looted art. Nazi authorities expropriated artwork and other cultural property on an unprecedented scale. During World War II, they looted nearly twenty percent of Europe’s art, or roughly 750,000 works.

U.S. Demands Release of Young Americans Forbidden from Leaving China until Fugitive Father Returns

Saturday, December 8, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
12
Abstract: 

On November 27, 2018, as Donald Trump prepared to leave for the G-20 heads of government meeting in Buenos Aires, U.S. National Security Adviser John Bolton  urged the Chinese to release two young Americans who have said the Chinese government has prevented them from leaving China until their fugitive father returns to the country.  Victor and Cynthia Liu, ages 19 and 27, and their mother, Sandra Han, traveled to China in June.

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