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. Indicts 3 Chinese Hackers for Hacking 3 Corporations for Commercial Advantage

Friday, December 22, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

 On November 27, 2017, an indictment was unsealed in the U.S. District Court for the Western District of Pennsylvania (Pittsburg) against Wu Yingzhuo, Dong Hao and Xia Lei, all of whom are Chinese nationals and residents of China, for computer hacking, theft of trade secrets, conspiracy, and identity theft directed at U.S. and foreign employees and computers of three corporate victims in the financial, engineering and technology industries between 2010 and May 2017.  The three Chinese defendants work for the purported China-based Internet security from Guanzhou Bo Yu Information Technology Company Limited (hereafter “Boyusec”).

Honduras Arrests U.S. Lawyer Sought in Social Security Fraud

Friday, December 15, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On December 2, 2017, agents of the Honduran Technical Criminal Investigation Agency (ATIC) arrested Kentucky attorney Eric Christopher Conn, 57, who has pleaded guilty to charges over his role in a more than $550 million disability fraud scheme.

In March 2017, Conn pleaded guilty to theft of government money and payment of gratuities.  He was placed under house arrest with a GPS monitor pending sentencing, and days before he was scheduled to testify against a co-conspirator in a fraud trial involving Social Security benefits.  The ankle monitor was found in Lexington, Kentucky, in a backpack along Interstate-75.

Subsequent to fleeing, a court sentenced him in absentia to 12 years in prison.

U.S., Colombian, and Mexican Attorneys General Declare Cooperation against TOC

Friday, December 15, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On December 6 and 7, 2017, the Attorneys General of the United States, Colombia and Mexico met in Cartagena, Colombia for the “Trilateral Summit against Transnational Organized Crime.”  The purpose of the summit was to renew the existing commitment to international judicial cooperation and to strengthen joint strategies to combat transnational organized crime.

During the summit, the Attorneys General and their staff discussed various criminal phenomena connected to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking.  The criminal activity has affected security and prosperity in the Americas.  As a result, the Attorneys General agreed it is important to fortify each country’s efforts and strengthen cooperation amongst all three countries in order effectively to combat the problems.

EU Issues List of Non-Cooperative Jurisdictions for Tax Purposes

Friday, December 15, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On December 5, 2017, the European Council issued its conclusions on the EU list of non-cooperative jurisdictions for tax purposes.  The conclusions also set forth the criteria and proposed sanctions for the countries blacklisted.

The reasons the EU has developed its program and list of non-cooperative jurisdictions for tax purposes is to combat tax evasion and avoidance and enable the EU to more robustly combat external threats to EU Members’ tax bases and third countries that “consistently refuse to play fair on tax matters.”  Until now, EU Members have had a patchwork approach to dealing with tax havens, which has had limited impact.  The Commission in its External Strategy for Effective Taxation suggested that a common EU list could be a more effective means of dealing with countries that encourage abusive tax practices.

European Committee on Crime Problems Acts on TOC, Terrorism, and Other Law Enforcement Issues

Friday, December 8, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
12
Abstract: 

The Council of Europe’s (CoE) European Committee on Crime Problems (CDPC) held its 73rd plenary session from November 28 to December 1, 2017, in Strasbourg, Germany.

At the opening address,Mr. Jan Kleijssen, Director of the Information Society and Action against Crime Directorate, presented the conclusions of the 2nd International Conference on Terrorism and Organized Crime, jointly organized by the Criminal Law and Counter-Terrorism Divisions of the CoE in cooperation with the City Hall and the University of Malaga (September 21-22, 2017). The conclusions highlight the need to both develop and implement appropriate and specialized investigative tools capable of coping with the evolution in crime problems. The conclusions also noted the intention to set up a joint working group of CODEXTER and CDPC experts aimed at dealing with topics of common interest.

ICC Prosecutor Issues Final Decision Not to Investigate the Comoros Referral (Mavi Marmara Incidents)

Friday, December 8, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
12
Abstract: 

On November 30, 2017, the Prosecutor of the International Criminal Court (ICC) announced that she had decided to close the Preliminary Examination into the Comoros situation, more commonly known as the situation relating to incidents aboard the Mavi Marmara. The decision, which was filed with Pre-Trial Chamber I on November 29, 2017, has been described by the ICC Prosecutor as “final,” and subject only to the OTP’s ongoing discretion under Article 53(4) of the Rome Statute – the Court's founding treaty – to reconsider a decision not to proceed on the basis of new facts or information. Annexed to the decision is a 145-page report explaining the Prosecutor’s position in detail.

Jury Convicts Owners of Miami Export Business of Operating Unlicensed Money Transmitting Business and Money Laundering

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

 On November 15, 2017, after a two-week trial, a jury in the U.S. District Court for the Southern District of New York found Luis Diaz Jr. and Luis Javier Diaz, owners of Miami Equipment and Export Company (“Miami Equipment”), guilty of operating an unlicensed money transmitting business and international money laundering in connection with their transmission of over $100 million from foreign businesses into and through the U.S. financial system.  In addition, the jury convicted Diaz Jr. of conspiracies to operate an unlicensed money transmitting business and engage in international money laundering.

Indictment against Iranian Unsealed for Cyberattack and Extortion Scheme Targeting HBO

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On November 21, 2017, an indictment was unsealed in the U.S. District Court for the Southern District of New York against an Iranian national, Behzad Mesri, 29, also known as “Skote Vahshat,” for his involvement in a scheme to obtain unauthorized access to the computer systems of Home Box Office, Inc. (“HBO”), steal proprietary data from those systems, and obtain $6 million worth of Bitcoin from HBO through extortion by threatening to disseminate stolen content.  After HBO did not meet his demands, Mesri leaked the stolen content on the Internet, including but not limited to confidential information about future episodes of the popular television series, “Games of Thrones,” and video files containing unreleased episodes of other television series of HBO.

 

Head of Chinese NGO and Former Senegal Foreign Minister Indicted for Bribes Connected with Oil Deals

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On November 21, 2017, a criminal complaint was unsealed, charging the head of a non-governmental organization based in Hong Kong and Virginia and the former Foreign Minister of Senegal with participating in a multi-year, multimillion-dollar scheme to bribe high-level officials in Chad and Uganda in exchange for business advantages for a Chinese oil and gas company, which is apparently CEFC China Energy Company CEFCCEC).

Divorcing Fact from Fiction With Regards to the Elephant Ivory Trade

Friday, December 1, 2017
Author: 
Zarine Kharazian
Volume: 
33
Issue: 
12
Abstract: 
On November 17, 2017, the Trump administration announced that its initial reversal of a ban on the importation of elephant ivory from Zimbabwe had been put on hold. The decision comes after criticism from animal rights activists as well as policymakers on the administration’s decision to roll back the bans on elephant ivory imports put in place by the Obama administration.

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