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. District Court Denies Norway’s Extradition Request on Corruption Case Due to Statute of Limitations

Tuesday, June 29, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 16, 2021, Magistrate Judge Sean P. Elynn of the United States District Court in the Middle District of Florida denied an extradition request from the Norwegian government for Kendrick Taylor Wallace, a U.S. citizen who was convicted of criminal offenses in Norway for bribery schemes due to the lapse of the statute of limitations in the U.S.-Norway extradition treaty.[1]



[1] In the Matter of The Extradition of Kendrick Taylor Wallace, United States District Court, M.D. Florida, Tampa Division, Case No. 8:21-mj-1246-JSS, June 11, 2021. https://www.leagle.com/decision/infdco20210614c24#;

U.S. Court Denies Norway’s Extradition Request of Former Yara International Executive, June 16, 2021 https://fcpaprofessor.com/u-s-court-denies-norways-extradition-request-former-yara-international-executive/JudicialDecision.

 

 

 

New Zealand Supreme Court Allows Murder Suspect’s Extradition to China Pending More Assurances

Friday, June 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
6
Abstract: 

On June 3, 2021, in a 3-2 split decision, New Zealand’s Supreme Court found Kyung Yup Kim, a Korean-born permanent resident of New Zealand, could be extradited to China if China gives New Zealand sufficient assurance about his obtaining a fair trial.[1]



[1]    Min. of Justice v. Kyung Yup Kim, Supreme Court of New Zealand, SC 57/2019

[2021] NZSC 57 (June 3, 2021) https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZSC-57.pdf; Nick Perry, Associated Press, New Zealand’s top court allows pathway for China extradition, City News, June 3, 2021.

 

Shipping Industry Task Forces Acts to Mitigate Piracy in the Gulf of Guinea

Friday, June 25, 2021
Author: 
Austin Max Scherer
Volume: 
37
Issue: 
6
Abstract: 

A task force of stakeholders from across the shipping industry launched the Gulf of Guinea Declaration on the Suppression of Piracy.[1] This included 120 organizations across the maritime industry, including flag state administrations, shipowners, charterers, and shipping associations.[2]  The Baltic and International Marine Council (BIMCO) heralded the declaration as a huge accomplishment.  Sadan Kaptanoglu, BIMCO president and shipowner, stated, “we hope that all parties with an interest in a safe Gulf of Guinea will sign this declaration.”[3]

 

While there appears to be some momentum for combating piracy in the Gulf of Guinea, there is still an expressed concern for the region.  , For instance, the country of Denmark, the world’s fifth-largest maritime nation.[4]  Denmark is combatting piracy by deploying a frigate that will go to the region in the fall of 2021.[5]  Unfortunately, Denmark’s effort may not be enough to deal with the persistent problem.  BIMCO reported that it will take some years before states can effectively manage the problem of piracy.[6]  In the meantime, the best solution is to have capable military assets from able and willing non-regional states to actively combat piracy in the area.[7]

 

                This article will explore the following topics: first, there will be a discussion on recent piracy incidences in the Gulf of Guinea.  The article will discuss the individual response by the Danish Government.  Attention will  turn to BIMCO’s declaration, and finally, the article will discuss anti-piracy efforts of other international organizations.  These international organizations will consist of, but not limited to, the European Union (EU), the North Atlantic Treaty (NATO), and the International Maritime Organization (IMO).

 



[1] Shipping Industry United in Effort to Stop Gulf of Guinea Piracy, The Mar. Executive, https://www.maritime-executive.com/article/shipping-industry-unites-in-effort-to-stop-gulf-of-guinea-piracy, May. 17, 2021 (last visited Jun. 18, 2021).

[2] Id.

[3] Id.

[4] Denmark to Deploy Frigate to Gulf of Guinea to Combat Piracy, The Mar. Executive, https://www.maritime-executive.com/article/denmark-to-deploy-frigate-to-gulf-of-guinea-to-combat-piracy, Mar. 17, 2021 (last visited Jun. 18, 2021).

[5] Id.

[6] Jakob Paaske Larsen, Shipping Industry Launch The Gulf Of Guinea Declaration On Suppression of Piracy, BIMCO, https://www.bimco.org/news/priority-news/20210517-shipping-industry-launch-the-gulf-of-guinea-declaration-on-suppression-of-piracy, May. 21, 2021 (last visited Jun. 18, 2021).

[7] Id.

 

ANOM: A global covert investigation conducted through an encrypted app trap yields 800 arrests

Friday, June 25, 2021
Author: 
Sara Kaufman
Volume: 
37
Issue: 
6
Abstract: 

On June 8, 2021, the Federal Bureau of Investigation (FBI) and Australia’s Federal Police (AFP) publicly announced the arrests of more than 800 individuals utilizing an FBI-controlled encrypted platform to facilitate their criminal activities.[1]  ANOM, a highly popular encryption platform amongst criminals worldwide, was secretly used as a surveillance tool in an investigation known as “Operation Trojan Shield” in order to discreetly observe and curtail criminal activities in Australia and beyond.[2]

Operation Trojan Shield proved itself to be an enormously successful example  of how law enforcement can utilize new technologies to discreetly entrap criminals and expose their illicit activities. Several arrests related to ANOM are allegedly linked to Australian-based Italian mafia, outlaw motorcycle gangs, Asian crime syndicates and Albanian organized crime.[3]  More than 3.7 metric tons of drugs and nearly $35 million in cash were seized over the three-year duration of the covert investigation.[4]  In order to appreciate the magnitude of Operation Trojan Shield’s success, it is vital to understand the background of hardened encrypted devices and how they have been used to facilitate criminal activity.



[1] Rachel Pannett and Michael Birnbaum, FBI-controlled ANOM app ensnares scores of alleged criminals in global police sting, The Washington Post, June 7, 2021, https://www.washingtonpost.com/world/2021/06/08/fbi-app-arrests-australia-crime.

[3] Ben Wescott, For years, the underworld thought its phones were safe. They fell for an encrypted app trap, CNN, June 9, 2021, https://www.cnn.com/2021/06/08/australia/afp-fbi-ANOM-app-operation-ironside/index.html.

[4] Id.

 

Seizing Illicit Proceeds of and Combating Ransomware Attacks

Friday, June 25, 2021
Author: 
Austin Max Scherer
Volume: 
37
Issue: 
6
Abstract: 

On June 7th, the Justice Department seized much of the ransom that a major U.S. pipeline operator had paid last month to a Russian hacking collective.[1]  This resulted from investigators tracing more than 75 Bitcoins worth as the money moved through a “maze” of at least 23 different electronic accounts belonging to DarkSide, the hacking group.[2]  Darkside operated by providing the ransomware to its affiliates and in exchange, Darkside received a cut of the affiliate’s profits.[3]  This is not the first ransomware attack, as several have been conducted before.  Questions are being raised as to how will U.S. law enforcement, in cooperation with private forensic investigators, trace and seize the money?  In addition, more issues lie with criminals using the “Dark Web” as a turnkey to franchise their operation and benefit from the lack of international enforcement, since the hackers are outside of the United States and the unwillingness of some countries, such as Russia, who would rather collaborate and cooperating with the hackers themselves.  This article will explore these proceeding topics and will raise potential issues that may arise in the future.



[1] Katie Benner and Nicole Perlroth, Seizing Money, U.S. Retaliates For Cybercrime, N.Y. Times, Jun. 8, 2021, at A1.

[2] Id.

[3] Id.

 

OFAC Names Three Bulgarians under the Global Magnitsky Act for Corruption

Friday, June 25, 2021
Author: 
Elena Botts
Volume: 
37
Issue: 
6
Abstract: 

On June 2nd, the U.S. Department of Treasury determined that three Bulgarian individuals should be sanctioned under the Global Magnitsky Act due to their roles in perpetuating corruption in Bulgaria.[1] The U.S. has placed sanctions on Bulgarian individuals, including former parliamentarian Delyan Peevski, businessman and oligarch Vassil Bojkov, and former security official Ilko Zhelyazkov, as well as 64 entities known to be linked to them. Zhelyazkov was the former Deputy Chief of the Bulgarian State Agency for Technical Operations, also appointed to the National Bureau for Control on Special Intelligence-Gathering Devices. In 2016, Congress enacted the Global Magnitsky Human Rights Accountability Act, which allows the U.S. government to sanction foreign government officials implicated in human rights abuses anywhere in the world.[2]  The Global Magnitsky Act bars any sanctioned person from entering the U.S. and holding U.S. -based property. Further, U.S. entities cannot engage in business with sanctioned persons.

 



[1] U.S. Department of the Treasury. Treasury Sanctions Influential Bulgarian Individuals and Their Expansive Networks for Engaging in Corruption, June 2 2021. home.treasury.gov/news/press-releases/jy0208.

 

EU Justice and Home Affairs Council Make Progress on Several Areas

Thursday, June 24, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
6
Abstract: 

On June 7 and 8, 2021, the Council of the European Union Justice and Home Affairs held its 3799th meeting and made progress on a number of international enforcement and criminal justice harmonization areas, including the e-CODEX system,  the Fundamental Rights Agency, combatting illegal content online, protection of vulnerable adults, e-Evidence negotiations, and the European Public Prosecutor’s Office.[1]



[1]    Council of the European Union, Outcome of the Council Meeting, 3799th Council meeting, Justice and Home Affairs, June 7-8, 2021, 9573/21 https://www.consilium.europa.eu/media/50287/st09573_3-en21.pdf.

 

 

U.S. Convicts Wife of “El Chapo” and Sentences Daughter of Mexican Cartel Leader

Thursday, June 24, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
6
Abstract: 

On June 11, 2021, Jessica Johanna Oseguera Gonzalez, 34, of Guadalajara, Mexico, was sentenced to 30 months in prison for willfully participating in financial dealings with Mexican companies that the U.S. Treasury Office of Foreign Assets Control (OFAC) had identified as specially designated narcotics traffickers.[1]



[1]    U.S. Department of Justice, Daughter of Notorious Mexican Cartel Leader Sentenced for Criminal Violation of the Foreign Narcotics Kingpin Designation Act, Press Rel. 21-550, June 11, 20121.

 

U.S. Charges Jho Low and U.S. Person for Unregistered Lobbying and Malaysia Sues Wrongdoers over 1MDB Scandal

Saturday, June 19, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
6
Abstract: 

On June 10, 2021, a federal grand jury in the District of Columbia returned a superseding indictment  charging Low Take Jho, 39, also known as Jho Low, and Prakazel “Pras,” 48, with elaborating an unregistered shadow campaign starting in or about 2017 to influence the then President Trump  and the Department of Justice both to end the investigation of Jho Low and others in connection with the international strategic and development company known as 1Malaysia Development Berhad (1MDB) and to return a Chinese dissent to China. Meanwhile, Malaysia has brought sued three banks to recover assets worth more than $23 billion the government says are connected to the fund.

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