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. Arrests Founder and Majority Owner of Cryptocurrency Exchange for Illicit Money Transmitting

Friday, January 27, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 18, 2023, the United States Department of Justice announced the arrest of the founder and majority owner of a cryptocurrency exchange Bitzlato Ltd. (Bitzlato) the prior night in Miami for his alleged operation of a money transmitting business that transported and transmitted illicit funds, including through darknet channels, that failed to meet U.S. regulatory requirements, including with respect to anti-money laundering.[1]



[1]    U.S. Department of Justice, Founder and Majority Owner of Cryptocurrency Exchange Charged with Processing Over $700 Million of Illicit Funds, Press Rel. 23-51, Jan. 18, 2023.

 

Angola Recovers $5 Billion of Stolen and Embezzled Assets

Friday, January 27, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 17, 2023, the Angolan government revealed it has already recovered $5 billion (4.6 billion euros) of assets removed illegally from the country and it is awaiting court decisions on assets worth $21 billion (19.4 billion euros).[1]



[1]    Geraldine Boechat, Angola recovered 4.6 thousand ME of assets, 19.4 thousand ME awaiting judicial outcome, mediaafricatimes.com, January 18, 2023.

 

European Parliament Calls for the Establishment of a Tribunal on the Crime of Aggression Against Ukraine

Friday, January 27, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
2
Abstract: 

On January 19, 2023, the European Parliament adopted a resolution on the establishment of a tribunal on the crime of aggression against Ukraine. The resolution addresses a specific aspect of a way to hold Russia, including Putin, accountability for the atrocity during the aggression in Ukraine.

The Halkbank Case: Are Sovereign Owned Enterprises Immune From Prosecution?

Friday, January 27, 2023
Author: 
Fred Davis
Volume: 
39
Issue: 
2
Abstract: 

On January 17, 2023, the Supreme Court heard argument in Halkbank v. United States, Dkt. No. 21-1450.  That argument confirmed two things: the issue before the Court is very consequential, and all of the potential outcomes under consideration create thorny problems of interpretation or anomalies in their execution.  The Court’s ultimate decision, which remains very unclear after the argument, may depend on whether it will be strictly guided by the words actually used by Congress even in face of strong reason to doubt whether Congress actually intended that result.

Police Arrest Head of Human Smuggling Network in Sudan

Friday, January 20, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
1
Abstract: 

On January 1, 2023, in a major international police operation led by the United Arab Emirates, based on information shared through Interpol, law enforcement authorities arrested in Sudan Kidane Zekarias Habtemariam (‘Kidane), an Eritrean national wanted for migrant smuggling, human trafficking and other related crimes. [1]



[1]   UAE Ministry of Interior, UAE Arrest head of Major People Smuggling Network, Jan. 5, 2023.

 

Court Rules No Diplomatic Immunity for Extradited Maduro Associate Alex Saab Moran

Friday, January 20, 2023
Author: 
Linda Friedman Ramirez
Volume: 
39
Issue: 
1
Abstract: 

Colombian businessman Alex Saab Moran, was arrested in Cabo Verde (formerly Cape Verde) for extradition to the United States. To some, he is a hero kidnapped by the Americans while on a humanitarian mission to Iran; [1]  to others, he is a highly corrupt businessman, enriching himself while the Venezuelan people suffer.  [2]  

 

Qatargate: A Shock Test to the EU’s Transparency and Accountability Framework

Friday, January 20, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
1
Abstract: 

On December 9, 2022, the Belgian police executed a 20 different raids on 19 addresses across Brussels to investigate a suspected corruption incident.  During the enforcement action, Belgian police arrested Alexandros Kaili and found “several hundred thousand euros” on his person.  Alexandros is the father of European Parliament vice president Eva Kaili and the circumstances of his detention resulted in his daughter losing diplomatic immunity and allowed police to search her property.  Belgian police would eventually find 150,000 in an apartment she shared with her partner Francesco Giorgi and conduct similar raids on various high-level European officials, the results of which culminated into a continent-shaking scandal called Qatargate.

Eurojust Releases Report on Digital Evidence Gathering

Friday, January 20, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
1
Abstract: 

On December 22, 2022, Europol, Eurojust, and the European Judicial Network published  the 2022 edition of the SIRIUS European Union (EU) Digital Evidence Situation Report. This report gives the results of SIRIUS’ research on experiences of EU Member States’ competent authorities, as well as Online Service Providers (OSPs), with cross-border access to digital evidence in criminal investigations.  

Mexico – United States extradition relations since 1994

Friday, January 13, 2023
Author: 
Roger Labardini
Abstract: 

With a porous long border, Mexico and the U.S.A. have a long history on how to deal with crime that goes beyond their respective borders. To pursue fugitives charged with committing criminal acts in their territory but that have crossed the border, both neighbors have gone through periods of hesitance, distrust, skepticism, and suspicion, to periods of trust, confidence and institution building. They have had to devise mechanisms and alternatives, through mutual understanding, respect of the rule of law and sovereignty, and above all, constant dialogue. It has been cooperation amidst confrontation in order to attain justice in their respective legal systems. Nonetheless, today there are voices which consider the relationship as going through a 15-year low.[1]



[1]  For a discussion of the deterioration of bilateral enforcement cooperation from the perspective of outgoing U.S. Attorney General, see William P. Barr, One Damn Thing After Another: Memoirs of an Attorney General, Chapter 15 (Fighting the Drug Cartels), William Morrow/Harper Collins Publishers (2022). Also see Claire Seelke and Joshua Klein, Congressional Research Service (CRS), Mexico: Background and U.S. Relations, Updated March 21, 2022, CRS R42917, March 21, 2022, at 18, available at https://sgp.fas.org/crs/row/R42917.pdf, retrieved Dec. 5, 2022.

 

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