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. Sanctions Iranian Financial Sector

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 8, 2020, the U.S. Treasury announced sanctions on eighteen major Iranian banks.  The Office of Foreign Asset Control (OFAC) sanctioned sixteen Iranian banks for operating in Iran’s financial sector and one bank owned or controlled by a sanctioned Iranian bank. In addition, OFAC designated an Iranian military-affiliated bank under Treasury’s counter-proliferation authority.[1]



[1]    U.S. Department of Treasury, Treasury Sanctions Eighteen Major Iranian Banks, https://whome.treasury.gov/news/press-releases/sm1147

 

 

Strachans and Egglishaw Plead Guilty to Tax Crimes But Egglishaw Is Released Despite Australian Charges

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 5, 2020, Strachans SA in Liquidation pleaded guilty to conspiring with U.S. taxpayers and others to hide income and assets in offshore entities and bank accounts from the IRS. The court sentenced Strachans.  Since 2008, Australia sought to arrest Philip Jepson Egglishaw, former owner of Strachans SA, for tax evasion and money laundering. Although he signed a plea deal on behalf of Strachans on August 14 and was named as a co-conspirator, he was not arrested by the U.S. on the Australian charges. 

U.S. Justice Department Publishes Cryptocurrency Enforcement Framework

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 8, 2020, the U.S. Department of Justice published “Cryptocurrency: An Enforcement Framework,” produced by the Attorney General’s Cyber-Digital Task Force. The publication gives a comprehensive overview of the emerging threats and enforcement challenges connected with the increasing use of cryptocurrency. It sets forth the important relationships the DOJ has developed with regulatory and enforcement partners within the U.S. government and worldwide and contains the DOJ’s response strategies.[1]



[1]    Attorney General’s Cyber-Digital Task Force, U.S. Department of Justice, Cryptocurrency: An Enforcement Framework (Oct. 2020)  https://www.justice.gov/ag/page/file/1326061/download.

 

 

U.S. Prosecutors Charge Trump Campaign’s Fund-Raiser with FARA Violations Linked to 1MDB: Another Example of Strategic Corruption in the U.S.

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 6, 2020, prosecutors filed a criminal information in the U.S. District Court for the District of Columbia against Elliott Broidy for conspiring to violate the Foreign Agents Registration Act (FARA).[1] This article discusses the case and how it illustrates the latest incident of “strategic corruption” in the U.S.



[1]    United States v. Elliott Brody, U.S. District Court for the District of Columbia, Case 1:20-cr-00210-CKK, Criminal Information, paragr. 2, Oct. 6, 2020.

 

 

OPCW Confirms Toxic Chemicals in Navalny as EU and Others Prepare Sanctions

Wednesday, October 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 6, 2020, the Organization for the Prohibition of Chemical Weapons (OPCW) issued a report of OPCW’s mission to the Federal Republic of Germany concerning the poisoning of Mr. Alexei Navalny. The German government requested the technical assistance by OPCW on August 20, 2020. The analysis by the OPCW designated laboratories of biomedical samples confirm that Nalvany was poisoned by chemicals banned by the Chemical Weapons Convention and set the stage for additional sanctions against Russia.[1]



[1]    OPCW, OPCW Issues Report on Technical Assistance Requested by Germany, Oct. 6, 2020 https://www.opcw.org/media-centre/news/2020/10/opcw-issues-report-technical-assistance-requested-Germany.

 

 

The Antiquities Coalition’s Recommendations to Combat Financial Crimes in the U.S. Art Market

Friday, October 9, 2020
Author: 
Miranda Bannister
Volume: 
36
Issue: 
10
Abstract: 

On September 24, 2020, the Task Force convened by the think tank of the Antiquities Coalition published its first joint report, Reframing U.S. Policy on the Art Market: Recommendations for Combating Financial Crimes. The report proposes 44 recommendations related to money laundering, sanctions violations, tax evasion, and terrorist financing. The recommendations also address other financial crimes specific to the art market such as forgery and fraud.

U.S. Justice Department Unseals Indictment against McAfee as Spain Arrests Him

Friday, October 9, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 5, 2020, the United States Department of Justice unsealed an indictment charging John David McAfee with tax evasion and willful failure to file tax returns.[1] The DOJ unsealed the June 15, 2020 indictment in the Western District of Tennessee after Spain arrested McAfee.[2]  Meanwhile, the Securities and Exchange Commission charged McAfee for promoting investments in initial coin offerings (ICOs) to his Twitter followers without disclosing that he was paid to do so. The SEC also charged McAfee’s bodyguard, Jimmy Watson, Jr., for his role in the alleged scheme.[3]



[1]    U.S. Department of Justice, John McAfee indicted for Tax Evasion, Press Re. No. 20-1052, Oct. 5, 2020.

 

[2]    United States v. John David McAfee, U.S. Dist. Court W.D. Tenn., Eastern Div., Indictment, Case 1:20-cr-10029-STA, filed June 15, 2020  https://www.justice.gov/opa/press-release/file/1324536/download

 

[3]    SEC, SEC Charges John McAfee With Fraudulently Touting ICOs, Press Release 2020-246, Oct. 5, 2020.

 

 

Pakistan Issues New Anti-Money Laundering and Counter-Terrorism Financing Regulations

Friday, October 9, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On September 30, 2020, the Pakistan government issued a set of three anti-money laundering (AML) and counter-terrorism financing (CFT) regulations. The regulations are supplementary to its policies to comply with the Financial Action Task Force (FATF) recommendations.

The “China Initiative”: The U.S. Department of Justice’s Country Specific Focus on the People’s Republic of China

Wednesday, September 30, 2020
Author: 
Dennis Boyle
Volume: 
36
Issue: 
10
Abstract: 

Allegations by the American Administration of intellectual property theft emanating from the People’s Republic of China (PRC) are not new. In June 2018, the White House Office of Trade and Manufacturing Policy issued a report entitled “How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World.”[1] In the 35-page Report, the Administration accuses the Chinese government itself of engaging in “two major strategies and various acts and practices . . .seeking to acquire the intellectual property and technologies of the world and to capture emerging high-technology industries that will drive future economic growth.”[2] Of course, many countries, including the United States, would like to dominate future intellectual property and technology development and growth as a means of securing economic prosperity. China is different from other countries, according to the Report, because of its systematic use of criminal activity authorized at the highest levels of the government and the Communist Party of the PRC.

 

No Innocence for Inocente: Spain Sentences Former El Salvadoran Colonel to 133 Years in Prison Pursuant to Universal Jurisdiction for Atrocities during the Civil War

Wednesday, September 30, 2020
Author: 
Mitchell Beebe
Volume: 
36
Issue: 
10
Abstract: 

            Spain’s National Court convicted Ex-El Salvador military leader, Inocente Orlando Montano Morales, to 133 years in prison for the murder of five Spanish Jesuit priests. Justice was carried out nine years after Mr. Montano was first taken into custody in the U.S. for immigration fraud charges and subsequently extradited to Spain in 2017. The decision vindicated Spain’s universal jurisdiction law and may ultimately lead to reconciliation for the people of El Salvador.

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