On March 28, 2019, Secretary of Homeland Security Kirstjen M. Nielsen signed, on behalf of the United States, a Memorandum of Cooperation (MOC) on border security cooperation in Central America. Almost simultaneously, U.S. President Donald Trump said that he was planning on cutting U.S. assistance to the three countries and has threatened to close the border with Mexico. HSA Secretary Nielsen met with Guatemalan Minister of Government Enrique Degenhart, Honduran Security Minister Julian Pacheco, and Salvadoran Minister of Justice and Public Security Mauricio Landaverde. The MOC – the first ever multilateral compact on border security – has the goal of improved synchronized cooperation between the countries to strengthen border security, prevent the formation of new migrant caravans, and address the root causes of the migration crisis through synchronized efforts.  It touches on the following:  human trafficking and smuggling; combating transnational criminal organizations and gangs; expanding information and intelligence sharing; and strengthening air, land, and maritime border security. The signatories will pursue each of these focus areas through an array of agreed-upon initiatives.  Technical working groups with representatives from each country will monitor the initiatives and ensure they are carried out expeditiously.  The law enforcement groups will meet periodically throughout the year, with Secretary Nielsen and the Northern Triangle Ministers continuing to meet in the coming months to ensure continued momentum.

On March 25, 2019, Indonesian authorities detained a Russian man accused of attempting to smuggle an orangutan out of the country. Andrei Zhestkov, the suspect, claimed that he purchased the animal from a market for $3,000, believing that he could bring it home as a pet. When Indonesian authorities discovered the orangutan inside one of Zhestkov’s suitcases at the international airport in Bali, they did not find an aggressive, terrified animal as they feared, but one sound asleep. Authorities uncovered allergy pills wrapped in plastic amongst Zhestkov’s belongings, which he had mixed with milk and fed to the animal, pacifying it for up to three hours. While he has not yet been charged, Zhestkov could face up to five years in prison, as well as fines of up to $7,000 for smuggling. Indonesian authorities have not charged Zhestkov because they are investigating if he is any way connected to wildlife trafficking syndicates. The case of Zhestkov is by no means unique. The illegal trade in wildlife is one of the most lucrative trades in the world. According to Interpol, the trade is valued at $20 billion a year. As it is so expansive, criminals often conduct other illicit activities in tandem with those toward wildlife, including money laundering, corruption, and document fraud.

On March 28, 2019, the UN Security Council adopted Resolution 2462 in an effort to counter the financing of terrorism while avoiding unintended consequences for humanitarian activities in areas under the control of terrorist groups. The Security Council called upon Member States to step up efforts to combat and criminalize the financing of terrorists and their activities, adopting a resolution on the issue before holding a day-long open debate that placed the spotlight on international cooperation, capacity-building, and respect for international law. Unanimously adopting resolution 2462 (2019) under Chapter VII of the United Nations Charter, the Council reaffirmed its resolution 1373 (2001) — adopted in the wake of the September 11, 2001 attacks in the United States — which requires all States to prevent and suppress the financing of terrorist acts and to refrain from providing support to those involved in them. Adopted in 2001, resolution 1373 was the first comprehensive resolution imposing obligations on all states to respond to the global threat of terrorism. Resolution 1373 requires that states criminalize terrorist acts, penalize acts of support for or in preparation of terrorist offences, criminalize the financing of terrorism, freeze the funds of persons who commit or attempt to commit terrorist acts, and strengthen international cooperation in criminal matters related to terrorism.

On March 12, 2019, the United Nations Security Council released a report outlining how North Korea has steadily and continually evaded sanctions imposed against it. Initiated by resolution 2407 (2018), the report strives to uphold resolution 1874 (2009), which requested that the UN Secretary-General create a “Panel of Experts” to assess how successful the international community had proven in sanctioning North Korea. It also sought to assess what recommendations, if any, the Panel had for future actions regarding the sanctioning of North Korea.[1] Referred to as the “Report of the Panel of Experts established pursuant to resolution 1874 (2009),” the report – penned by seven experts – covers the time period of February 2, 2018 to February 1, 2019. It notes the diverse array of steps that North Korea has taken to evade sanctions, while recommending how the international community may plug these loopholes and improve the overall effectiveness of sanctions imposed on North Korea. While a similarly-timed statement by the U.S. Department of the Treasury appeared to signal the U.S.’s eagerness to bolster the sanctions regime against North Korea, unpredictable comments by the Trump administration have thrown that belief into question.

On March 26, 2019, the European Parliament adopted a detailed roadmap towards fairer and more effective taxation, as well as tackling financial crimes. The recommendations, adopted by 505 votes in favor, 63 against, and 87 abstentions, were prepared over the course of a year by Parliament’s Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3). They range from overhauling the system to deal with financial crimes, tax evasion, and tax avoidance, notably by improving cooperation in all areas between the multitude of authorities involved, to setting up new bodies at the EU- and global-level. The Lux Leaks, Panama Papers, and Paradise Papers revelations shamed EU leaders and several governments in recent years, showing how corporations and individuals have resorted to dirty tricks and legal loopholes to dodge billions upon billions in taxes. As a result, the Parliament set up a special committee on financial crimes, tax evasion, and tax avoidance with the aim of tackling money laundering and corporate tax crimes (TAX3) on March 1, 2018.

On March 25, 2019, United States law enforcement authorities announced that Irish authorities extradited a dual national citizen of the U.S. and Ireland to the U.S. on federal charges that he allegedly advertised and distributed child pornography on the dark web. On March 23, 2019, Eric Eoin Marques, 33, arrived in the U.S. and appeared before U.S. Magistrate Judge Timothy J. Sullivan in U.S. District Court in Greenbelt, Maryland.  On August 8, 2013, an amended criminal complaint was filed.  It was unsealed at Marques’ initial appearance.  The complaint charges Marques with conspiracy to advertise child pornography in violation of 18 U.S.C. § 2251(d)(1) and (c), conspiracy to distribute child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and (b)(i), aiding and abetting the advertising of child pornography in violation of 18 U.S.C. §§ 2 and 2251(d)(1), and aiding and abetting the distribution of child pornography, in violation of 18 U.S.C. §§ 2  and 2252A(a)(2)(A). U.S. Magistrate Judge Sullivan ordered that Marques be detained pending trial or a detention hearing scheduled for March 27, 2019.

On February 20, the Commission on Human Rights in South Sudan, a United Nations Human Rights Council investigative body, released a report documenting continuing conflict and potential war crimes and crimes against humanity, despite the signing of a peace agreement in October of last year. The report is notable from a legal perspective because it labels the oil industry as “a major driver for…the violations of international humanitarian law witnessed there.”[3] In fact, the three major joint oil ventures in the country, between Nile Petroleum Company and Chinese National Petroleum Company, Petronas of Malaysia and the Indian Oil and Natural Gas Corporation, have already been designated by the U.S. Department of Commerce as violators of American policy and national security interests.

On March 13, 2019, the European Parliament adopted a legislative resolution by which it adopted the proposal for a directive of the European Parliament and of the Council on combating fraud and counterfeiting of non-cash means of payment. The Directive updates the existing rules to ensure that a clear, robust, and technology-neutral legal framework is in place. It also gets ride of operational obstacles that hamper investigation and prosecution, and foresees actions to enhance public awareness of fraudulent techniques such as phishing or skimming. The Directive includes provisions on: (i) expanding the scope of the offences to include, for example, transactions through virtual currencies; (ii) harmonizing the definitions of some online crime offences, such as hacking a victim's computer or phishing; (iii) harmonized rules on penalties for natural persons: Council and Parliament agreed minimum penalties ranging from 1 to 5 years depending of the type of offense; (iv) assistance and support to ensure victims are sufficiently informed of their rights and citizens are advised on how to protect themselves from such frauds; (v) clarification of the scope of jurisdiction to ensure cross border fraud is tackled more effectively; (vi) collection of statistics on, as a minimum, the number of offenses and the number of persons prosecuted and convicted.

On March 22, 2019, the Federal Reserve Board announced it has prohibited Ng Chong Hwa, also known as Roger Ng, and Tim Leissner from the banking industry due to their participation in a scheme to illegally divert billions of dollars from a Malaysian sovereign wealth fund.  In addition, the Board fined Leissner $1.42 million.  Leissner has consented to the permanent ban. Foreign subsidiaries of the Goldman Sachs Group Inc. hired Ng and Leissner to coordinate bond offerings arranged by Goldman for 1Malaysia Development Berhad (1Mdb) in 2012 and 2013.  The funds diverted from 1MDB were allegedly used for the conspirators’ personal benefit and to bribe certain government officials in Malaysia and Abu Dhabi. In August 2018, Leissner pleaded guilty to criminal charges brought by the Department of Justice in the Eastern District of New York for conspiring to violate the Foreign Corrupt Practices Act and to commit money laundering.  In October 2018, Ng was indicted on similar charges.

On February 23, 2019, the German publication Der Spiegel reported that Germany asked Lebanon to extradite Jamil Hassan, a former high-level official in Bashar al-Assad’s Syrian regime. Hassan, who was the chief of the Air Force Intelligence Directorate, reportedly entered Lebanon for medical treatment, though no Lebanese official has confirmed his location since. German federal prosecutors have had an arrest warrant out against Hassan since June 2018, alleging that he carried out crimes against humanity while serving as intelligence chief. The Air Force Intelligence Directorate is viewed as one of the most powerful positions in Syria, as it oversees many detention centers that torture thousands of individuals. The U.S. and European powers have long had their eyes on Hassan: France issued an international arrest warrant for Hassan in May 2018, and in 2011, the U.S. sanctioned him for his alleged involvement in the violent suppression of Syrian protestors. Nevertheless, this move by Germany is the strongest step yet taken by a Western power to arrest and try Hassan for his alleged crimes.