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.

Justice Department and Microsoft Set to Square Off Before Supreme Court in Landmark Data Privacy Case

Friday, October 27, 2017
Author: 
Zarine Kharazian
Volume: 
33
Issue: 
10
Abstract: 

On October 16, 2017, the Supreme Court granted the Department of Justice’s petition for a writ of certiorari in its dispute with Microsoft over access to private emails stored at Microsoft’s Dublin, Ireland data center. At issue is whether the warrant provisions of the Stored Communications Act (SCA) apply extraterritorially, such that they compel Microsoft, an electronic service provider, to produce private electronic communications stored on servers in Ireland for the United States government.

Swiss Attorney General Opens Criminal Case against Former S.G. of FIFA and Others in Award of World Cup Media Rights

Friday, October 27, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
11
Abstract: 

On October 12, 2017, the Office of the Swiss Attorney General (OAG) opened a criminal proceeding against the former Secretary General of FIFA and against the Chief Executive Office of the BEIN Media Group LLC concerning the award of World Cup media rights.

 

U.S. Deputy Attorney General Pleads for Responsible Encryption to Facilitate Enforcement Cooperation

Friday, October 27, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
11
Abstract: 

On October 13, 2017, speaking at the Global Cyber Security Summit in London, England, U.S. Deputy Attorney General Rod J. Rosenstein pleaded for technology companies to implement responsible encryption and cooperate with law enforcement.

European Parliament Adopts Final Report and Recommendations in the “Panama Papers” Affair

Friday, October 27, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
11
Abstract: 
On October 18, 2017, the Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA Committee) approved its final report by 47 votes to 2 with 6 abstentions, after an 18-month probe into breaches of EU law in relation to money laundering, tax avoidance and evasion. The committee also approved the inquiry recommendations, by 29 votes for to 2 votes against, with 18 abstentions.

When Is a Fish Just a Fish? Yates v. United States

Friday, October 27, 2017
Author: 
Luz E. Nagle
Volume: 
33
Issue: 
11
Abstract: 

John Yates is a self-employed commercial fisherman plying the Gulf of Mexico from his home port on Florida’s southwest coast.  His primary catch of red grouper is subject to fish size limitations and monitored by Florida Fish and Wildlife Conservation Commission officers deputized by the National Marine Fisheries Services to enforce federal and state fishing laws.

The Crime-Terror Nexus: A Recurring Theme in the European Union and the Council of Europe

Wednesday, October 25, 2017
Author: 
Michael Plachta and Joseph A. Rychlak
Volume: 
33
Issue: 
10
Abstract: 

The Criminal Law and Counter-Terrorism Divisions of the Council of Europe, in co-operation with the City Hall and the University of Malaga, organized an International Conference on Terrorism and Organized Crime. It was held in Malaga, Spain, on September 21 – 22, 2017.

Justice Department Indicts Chinese Manufacturers of Fentanyl and Opioids

Friday, October 20, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
10
Abstract: 

On October 17, 2017, the U.S. Department of Justice announced that federal grand juries in the Southern District of Mississippi and the District of North Dakota returned indictments, unsealed on October 16, 2017, against two Chinese nationals and their Northern American based traffickers and distributors for separate conspiracies to distribute large quantities of fentanyl and fentanyl analogues and other opiate substances in the United States.  The DOJ has made the defendants the first manufacturers and distributors of fentanyl and other opiate substances to be designated as Consolidated Priority Organization Targets (CPOTs).  CPOT designations are those who have “command and control” elements of the most prolific international drug trafficking and money laundering organizations.

U.S. Grand Jury Indicts IT Executive and Former IT Manager of Australian Bank with Bribery and Kickback Scheme

Friday, October 20, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
10
Abstract: 

On September 27, 2017, a federal grand jury in Los Angeles, California returned an indictment, charging that the former head of Santa Monica-based Service Mesh, Inc. paid bribes to former IT executives at Commonwealth Bank of Australia in order to approve millions of dollars in contracts that inflated ServiceMesh revenues and fraudulently caused Computer Sciences Corporation (CDC) to pay a nearly $100 million incentive bonus as part of CSC’s acquisition of the cloud software company.

Council of Europe Adopts Resolution on Prosecuting and Punishing Crimes Committed by Daesh

Friday, October 20, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
10
Abstract: 

At its 34th sitting held on October 12, 2017, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 2190 (2017) on prosecuting and punishing crimes committed by Daesh. The debate and resolution were based on a Report prepared by the Committee on Legal Affairs and Human Rights.

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