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. and Jersey Return $311.17 of Stolen Abacha Funds to Nigeria

Saturday, June 20, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On May 4, 2020, the United States Department of Justice (DOJ) announced the transfer of $311,797.876.11 to the Nigerian government pursuant to a February 3, 2020 trilateral agreement among the governments of the U.S., Nigeria, and Jersey.[1] The agreement repatriates assets the U.S. forfeited that were traceable to the kleptocracy of former Nigerian dictator Sani Abacha and his co-conspirators.[2]



[1]       Agreement Among the Government of the Federal Republic of Niger and the Bailiwick of Jersey and the Government of the United States of America Regarding the Sharing, Transfer, Repatriation, Disposition, and Management of Certain Forfeited Assets (hereafter Forfeiture Repatriation Agreement) https://www.justice.gov/opa/press-release/file/1273556/download.

[2]       U.S. Department of Justice, U.S. Repatriates over $311.7 Million in Assets to the Nigerian People that Were Stolen by Former Nigerian Dictator and His Associates, Press Rel. 20-428, May 4, 2020.

 

Sweden Extradites Former Chinese Official to the U.S. on Money Laundering Charges

Saturday, June 20, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 29, 2020, Sweden extradited a former Chinese official who was a fugitive for over five years. On June 1, 2020, Jianjun Qiao, 56, attended his arraignment in United States District Court in Los Angeles, California.[1]



[1]    U.S. Department of Justice, Former Chinese Official Extradited to the United States to Face Charges of Laundering Millions of Dollars of Stolen Money, Press Rel. , June 1, 2020.

 

 

Vanuatu Sends Alleged Art Swindler to Guam on U.S. Fraud Charges

Saturday, June 20, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On June 11, 2020, United States law enforcement agents arrested Inigo Philbrick, an art dealer specializing in post-war and contemporary fine art, in Vanuatu.  The arrest followed Vanuatu’s expulsion of Philbrick at the request of the U.S. Embassy in Papua New Guinea, as a result charges in a Criminal Complaint filed in the U.S. District Court for the Southern District of New York.[1]



[1]    U.S. Department of Justice, Former London and Miami Art Dealer Arrested for Fraud Scheme, Press Rel.  20-124, June 12, 2020.

 

 

DOJ Issues Revised Guidance on Evaluation of Corporate Compliance Programs

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

            On June 1, 2020, the Department of Justice (DOJ) issued a revision of its guidance on the Evaluation of Corporate Compliance Programs.[1] The Guidance sets forth for companies general principles and elements to consider when designing, implementing, and updating their compliance policies and procedures. The DOJ considers, in conducting an investigation of a corporation, whether to bring charges and negotiate plea or other agreements.[2]  In addition, the U.S. Sentencing Guidelines advise that consideration be given to whether the corporation had in place at the time of the misconduct an effective compliance program for purposes of calculating the appropriate organizational criminal fee.[3] This article highlights the new Guidance and action items that entities with compliance programs should consider in light of the new Guidance.


[1]    U.S. Department of Justice Criminal Division, Evaluation of Corporate Compliance Programs

(Updated June 2020).

 

[2]    Justice Manual (JM), Principles of Federal Prosecution of Business Organizations 9-28.300.

 

[3]    U.S.S.G. §§ 8B2.1, 8C2.5(f), and 8C2.8(11).

 

EUROPOL Starts European Financial and Economic Crime Center

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On June 5, 2020, Europol started the new European Financial and Economic Crime Center (EFECC).  The European Union Anti-money Laundering Action Report[1] mentioned the start of the EFECC, partly in response to the various anti-money laundering scandals in the European Union (e.g., Danske Bank[2] and Swedbank.)[3]

 

U.S. Justice Department Brings Forfeiture Action against $20 Million Assets of Alleged Iranian Sanctions Violations

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On June 3, 2020, the U.S. Department of Justice filed in the U.S. District Court for the District of Alaska a forfeiture complaint[1] alleging that assets equivalent to more than $20 million are subject to forfeiture based on violations of the International Emergency Economic Powers Act (IEEPA) and federal money laundering statutes.[2]



[1]    U.S. v. Funds in the Amount of 73,293,750AED (Approximately $20 Million) in the Possession and Control of Ras Al Khaimah Investment Authority (RAKIA), U.S. District Court D. Alaska, Civil No. 3:20-cv-00126-JMK, June 3, 2020.

 

[2]    U.S. Department of Justice, Justice Department Seeks Forfeiture of More than $20 Million in Assets Relating to Unlawful Use of U.S. Financial System to evade and Violate Iranian Sanctions, Press Rel., June 3, 2020.

 

 

U.S. Unseals Indictment Charging 33 Persons with Laundering over $2.5 Billion for N. Korea

Friday, June 12, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

                On May 28, 2020 , the United States Attorney for the District of Columbia unsealed an indictment, charging 28 North Korean and five Chinese nationals with using more than 350 shell companies to launder over $2.5 billion in assets through the international financial system.[1]



[1]    U.S. v. Col Cho Man, U.S. District Court for D.C., Case No. 1:30-cr-00032-RC, Feb. 5, 2020 https://int.nyt.com/data/documenthelper/6971-north-korea-indictment/422a99ddac0c39459226/optimized/full.pdf#page=1

 

 

Canadian Court Finds Huawei CFO Extraditable to the U.S. on Fraud Charges

Friday, June 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 28, 2020, in the case of United States v. Meng, 2020 BCSC 785, Associate Chief Justice Heather Holmes of the Supreme Court of British Columbia denied Wanzhou Meng’s request for an order discharging her from the extradition process on the basis that, as a matter of law, the “double criminality” requirement for extradition cannot be met.[1]

 

Canada Opens its Courts to Overseas Human Rights Abuses

Friday, June 5, 2020
Author: 
Peter Bowal and Thomas D. Brierton
Volume: 
36
Issue: 
6
Abstract: 
On February 28, 2020, the Supreme Court of Canada by a five-to-four majority in its Nevsun Resources Ltd v Araya decision, refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea.  Canadian courts are open to hear claims under Canadian law for wrongs committed outside Canada.

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