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.

South Africa Arrests Israeli Fugitive Pursuant to Interpol Red Notice

Friday, December 2, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
12
Abstract: 

On November 17, Interpol South Africa announced the arrest of Israeli fugitive Yaniv Ben Simon and seven others in a pre-dawn raid in Bryanston, Johannesburg.  The raid was carried out by South African law enforcement and was made pursuant to a 2015 Interpol Red Notice issued by Israel for Simon’s suspected role in a 2003 car bombing in Tel Aviv, a separate attack in 2004, and large-scale drug smuggling operations in conjunction with the Abergil crime family, an Israeli organized crime group.   South African authorities are also investigating Simon’s potential involvement in the murder of at least 12 South Africans.

National Small Business Association Sues U.S. Treasury Challenging the Corporate Transparency Act

Friday, December 2, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 15, 2022, National Small Business United, doing business as the National Small Business Association, brought a complaint against the United States Department of the Treasury in the U.S. District Court for the Northern District of Alabama, Northeastern Division, requesting declaratory and injunctive relief.  The complaint requests that the court declare the Corporate Transparency Act (CTA) to be unconstitutional, declare that the CTA violates the due process requirements of the Fifth Amendment; and enjoin the Treasury from enforcing the Act.

 

European Court of Justice Rules Beneficial Ownership Registry Information Violate EU Privacy Obligations

Friday, December 2, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 22, 2022, the Grand Chambers of the Court of Justice of the European Union (CJEU) issued a judgment declaring that the European Union anti-money-laundering directive,[1] as adopted by a Luxembourg law in 2019, establishing a Register of Beneficial Ownership,  with some of the information accessible to the general public, is invalid.  The Luxembourg law makes information accessible on at least the name, the month and year of birth, the nationality and country of residence of the beneficial owner, as well as the nature and to extent of the beneficial interest held. 



[1]    Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ 2015 L 141, p. 73), as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of May 30, 2018 (OJ 2018 L 156, p. 43).

 

The End of US v. Hoskins: And the End of an Era?

Thursday, December 1, 2022
Author: 
Frederick T. Davis
Volume: 
38
Issue: 
12
Abstract: 

On November 16, 2022, a perfunctory entry appeared in the docket of the United States Court of Appeals for the Second Circuit in the case of United States v. Hoskins, Dkt. No. 20-842: Without comment, the Court noted the “issuance of the mandate” in the case.  The issuance of a “mandate” signifies that no pending matters remain in the appellate court, it is the Court’s laconic way of saying that an appeal is over and done with.  In this instance, the issuance was caused by the non-occurrence of an event:  November 11 had been the last day on which the Department of Justice (DoJ) could have sought en banc review of a decision it lost on August 12, 2022 in its appeal of a partial post-trial acquittal of a long-running money laundering and foreign corruption case; without comment, the DoJ declined to do so.

Russian National Extradited to US from Greece in Alleged Crypto Money Laundering Case; French Counsel Seeks Client to be included in Prisoner Swap

Thursday, December 1, 2022
Author: 
Linda Friedman Ramirez
Volume: 
38
Issue: 
12
Abstract: 
The Department of Justice, on behalf of the US Department of Treasury, has succeeded  in bringing Russian national Alexander Vinnik, accused co-owner of crypto exchange BTC-e,  to the United States for criminal proceedings.    BTC-e was an early success and purportedly one of the largest crypto-exchanges in the world, it is claimed that BTC-e received more than $4 billion worth of bitcoin in the six years of operation before being shut down in 2017.  

Privy Council Upholds Extradition of Ex-FIFA VP Warner from Trinidad to the United States

Wednesday, November 23, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 17, 2022, the Judicial Committee of the Privy Council issued a judgment affirming the decision of the Court of Appeal of Trinidad and Tobago to extradite Jack Austin Warner, the former Fédération Internationale de Football Association (FIFA) Vice President, to the United States.[1]



[1]    Jack Austin Warner (Appellant) v. Attorney General of Trinidad and Tobago (Respondent), [2022] UKPC 43 (Privy Council Appeal No. 0026 of 2020, Nov. 17, 2022 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.jcpc.uk/cases/docs/jcpc-2020-0026-judgment.pdf.

 

Dutch Court Convicts Three for 2014 Downing of MH17 Over Ukraine

Wednesday, November 23, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
12
Abstract: 

On November 17, 2022, the District Court in the Hague delivered a long-awaited judgment in  the criminal case concerning the downing of the shooting down of a Malaysian Airlines Flight MH 17 on its way from Amsterdam to Kuala Lumpur over Ukrainian territory. All 298 people onboard were killed when the plane was shot down on July 17, 2014.

“El Abusador” Pleads Guilty to Trafficking Multi-Tons of Cocaine into the United States

Wednesday, November 23, 2022
Author: 
Savannah Telfer
Volume: 
38
Issue: 
12
Abstract: 

Dominican drug lord Cesar Emilio Peralta-Adamez plead guilty to importing shipments of cocaine into the United States on November 4, 2022.[1]  A Federal Grand Jury first indicted Peralta in 2018 for conspiracy to import heroin and cocaine into the U.S. Authorities arrested Peralta in Columbia and extradited him to Puerto Rico where he is currently awaiting prosecution.[2]



[1] U.S. Department of Justice, Dominican Drug Lord Pleads Guilty to Importing Tons of Cocaine into the United States, Press Rel. Nov. 14, 2022.

[2] Id.

 

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