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.

Democratic National Committee Sues Russian Government, Trump Campaign and Officials for Election Interference, Cybercrime, Racketeering, and Related Offenses

Friday, April 27, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 20, 2018, the Democratic National Committee (DNC) filed a 66-page complaint in the U.S. District Court for the Southern District of New York against the Russian Federation, the General Staff of the Armed Forces of the Russian Federation (GRU), Guccifer 2.0, a Russian oligarch (Aras Iskenerovich Agalarov and his son Emin Araz), WikiLeaks, Julian Assange, Donald J. Trump for President, Inc., Donald J. Trump Jr., Paul J. Manafort, Jr., Roger J. Stone, Jr., Jared C. Kushner, George Papadopoulos, and Richard W. Gates, III.

VIII Summit of the Americas Commitment on anti-Corruption

Friday, April 27, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 14, 2018, during the VIII Summit of the Americas, the heads of government agreed to the Lima Commitment with respect to "Democratic Governance against Corruption."  During the summit Peruvian President Martín Vizcarra, the summit’s host, urged the region to have a “zero tolerance” policy on corruption.  Vizcarro assumed office only weeks before the summit, replacing Pedro Pablo Kuczynski, who resigned before a second impeachment attempt against him for his alleged lies regarding his firm’s receipt of payments from Odebrecht and alleged vote buying.

Trans-Pacific Partnership Enforcement Provisions Offer Cooperation Opportunities

Friday, April 27, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On March 8, 2018, eleven governments signed the Trans-Pacific Partnership, a trade agreement that brings many new enforcement cooperation provisions. This article highlights some of the enforcement cooperation provisions of the TPP.

Review: R. Evan Ellis, Transnational Organized Crime in Latin America and the Caribbean: From Evolving Threats and Responses to Integrated, Adaptive Solutions (Lexington Books)

Friday, April 20, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

Transnational Organized Crime in Latin America and the Caribbean sets forth an overview and introduction to the topic.  As the author mentions, the challenge of transnational organized crime and associated public insecurity has evolved beyond what can be readily solved by repressive measures or actions against the leadership of criminal groups alone. The solution requires addressing a host of interrelated challenges in a coordinated fashion, going beyond attacking criminal organizations and their leaderships, but also strengthening the economic, social, and governmental institutions of the host societies whose weakness and corruption create an environment in which criminality can spread.

 

The CLOUD Act: Arguments For and Against

Friday, April 20, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
4
Abstract: 

On February 27, 2018, the United States Supreme Court heard oral arguments in the seminal data privacy case of the term, United States v. Microsoft Corp. At issue in the case is whether the warrant provisions of the Stored Communications Act (SCA) apply extraterritorially, such that they compel Microsoft, an electronic service provider to produce private electronic communications stored on servers in Ireland for the United States government. Microsoft argues that the SCA does not apply to electronic communications stored in overseas data centers; the U.S. government begs to differ.

FBI Puts Rafael Caro-Quintero on Ten Most Wanted Fugitive List as Mexico Re-evaluates Bilateral Enforcement and Other Relations with the U.S.

Friday, April 20, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 22, 2018, the Federal Bureau of Investigation put Rafael Caro-Quintero, a founding member of a Mexican drug cartel charged with kidnapping and murdering a U.S. Drug Enforcement Administration agent in 1985, on its Ten Most Wanted Fugitives list, and offered one of the highest rewards in the program’s history –$20 million – for information leading to his capture.

European Court of Human Rights Puts to Rest the Krombach/Bamberski Saga

Friday, April 13, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On March 29, 2018, the European Court of Human Rights – Fifth Section (ECtHR or the Court) delivered a decision in the case of Krombach v. France (application no. 67521/14). It declared (unanimously) the application inadmissible. The decision is final. This is the last act in the 36-years-long Krombach/Bamberski story which would lend an excellent script for a good criminal movie. It has had all elements to build a suspense expected from such a movie: young girl, alleged rape, murder (or at least homicide), mysterious circumstances of a death, criminal charges and multiple investigations in two different jurisdictions arising out of the same action, civil litigation, kidnapping across state border, multiple convictions, and international tribunals involved in this case.

U.S. Leads with Additional Sanctions against Russia

Friday, April 13, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated seven Russian oligarchs and 12 companies they own or control, 17 senior Russian government officials, and a state-owned Russian weapons trading company and its subsidiary, a Russian bank.

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