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. Charges U.S. Citizens and Russian Intelligence Officers with Acting as Illegal Agents of Russian Government and Interfere with U.S. Elections

Wednesday, April 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On April 18, 2023, a federal grand jury in Tampa, Florida, returned a superseding indictment charging four U.S. citizens and three Russian nationals with acting on behalf of the Russian governments and in conjunction with the Russian Federal Security Service (FSB) to conduct a multi-year foreign malign influence campaign in the United States.[1]



[1]    U.S. Department of Justice, U.S. Citizens and Russian Intelligence Officers Charged with Conspiring to Use U.S. Citizens as Illegal Agents of the Russian Government, April 18, 2023.

 

U.S., Panama, and Columbia Commit to 60-Day Campaign to Stem Migration Through Darien Gap

Wednesday, April 26, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
5
Abstract: 

On April 11, the U.S., Panama, and Columbia released a trilateral joint statement to undertake a 60-day campaign to stem the flow of illegal migration through the Darien Gap, an isthmus along the Colombia-Panamanian border that connects North and South America.  The United Nations reported in 2021 that the Gap saw 133,000 migrant crossings in 2021, an estimated 250,000 in 2022, and in the first three months of 2023, there have been 88,000 illegal crossings according official Panama migration data, six times the number logged in the same period last year.[1]



[1] Trilateral Joint Statement, DHS, April 11, 2023. https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.

 

The Halkbank Decision from the Supreme Court: The Foreign Sovereign Immunities Act Does Not Apply to Criminal Cases, Offers No Protection to Halkbank So: What is Next?

Friday, April 21, 2023
Author: 
Fred Davis
Volume: 
39
Issue: 
5
Abstract: 

In January the Reporter published my short comment on a case then pending in the Supreme Court, Halkbank v. United States, in which oral argument had been heard on January 23, 2023.[1]  The matter raised an important question: Are sovereign owned enterprises (“SOEs”) – that is, commercial entities majority owned by foreign States – immune from criminal prosecution under the Foreign Sovereign Immunities Act of 1976 (“FSIA”).   On April 19, 2023, the Court ruled that the FSIA does not provide any immunity against criminal prosecutions because it only applies to civil matters.  It left open the possibility that immunity could still be established under “common law,” and remanded to the United States Court of Appeals for the Second Circuit to explore this question.   This decision leaves open a number of perplexing questions.



[1] Davis, The Halkbank Case: Are Sovereign Owned Enterprises Immune From Prosecution?, Vol. 39, No. 2, https://ielr.com/content/halkbank-case-are-sovereign-owned-enterprises-immune-prosecution

 

 

UK National Crime Agency Opens Joint International Crime Center

Friday, April 21, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
4
Abstract: 

On April 3, 2023, the United Kingdom’s National Crime Agency announced the formation of a specialist new unit to lead the UK’s work on international crime.  Called the Joint International Crime Center (JICC), it will consolidate and increase the UK’s capabilities around international law enforcement cooperation and coordination.[1]



[1]   National Crime Agency, Joint International Crime Center Launches, Apr. 3, 2023 https://nationalcrimeagency.gov.uk/news/joint-international-crime-centre.

 

U.S. Charges 40 Officers of Chinese Policy with Repression of Dissidents in U.S. and Operating an Illegal Police Station

Friday, April 21, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
4
Abstract: 

On April 17, 2023,  the U.S. Attorney’s Office for the Eastern District of New York unsealed two criminal complaints, charging 44 defendants with various crimes related to efforts by the national police of the  People’s Republic of China (PRC) – the Ministry of Public Security (MPS) – to harass Chinese nationals residing in the New York metropolitan area and elsewhere in the U.S.[1]



[1]    U.S. Department of Justice, 40 Officers of China’s National Police Charged in Transnational Repression Schemes Targeting U.S. Residents, Press Rel.  23-422, Apr. 17, 2023.

 

Europol and Eurojust Support Coordinated Action against Fraudulent Online Investment Platform

Friday, April 21, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
4
Abstract: 

On April 3, 2023, Europol and Eurojust Assisted a coordinated action against a fraudulent online investment platform, which is responsible for a loss of an estimated €89 million to at least 33,000 victims.  Working with German authorities, two action days occurred in March, during which law enforcement arrested five suspects.  In addition, law enforcement searched 15 locations in Bulgaria, Romania, and Israel, including five illegal call centers.[1]



[1]    Europol, Further action against fraudulent online investment platform: five arrests of high-value targets, Apr. 13, 2023.

 

Syrian-American Sues Syrian Government for Torture in its Detention Centers

Friday, April 21, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
4
Abstract: 

On February 28, 2023, the Assad government was served by a complaint filed by the Center for Justice & Accountability (CJA) and Freshfields Bruckhaus Deringer LLP. alleging torture in its detention centers.  The CJA is representing Syrian-American Obada Mzaik, who was allegedly detained and tortured at the Air Force Intelligence Branch at the Mezzeh Military Airport in January 2012.[1]

 

Belgian Firm and NGOS Allege Erdogan’s Regime Committed Crimes against Humanity

Friday, April 14, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
4
Abstract: 

On February 9, 2023, the Belgian law firm Van Steenbrugge Advocaten (VSA), Belgium-based NGO Turkey Tribunal, and the European Magistrates for Democracy and Freedom (MEDEL) filed a complaint to the International Criminal Court (ICC) against Turkey for alleged crimes against humanity.  The lawyers claim that Erdogan’s regime perpetrated systematic attacks on the civilian population to promote his agenda following the 2016 coup attempt and showed contempt for basic principles of international law.

South African Fugitive “Facebook Rapist” Detained in Tanzania After Faking Death

Friday, April 14, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
4
Abstract: 

On April 8, Tanzanian law enforcement captured South African fugitive Thabo Bester, a convicted rapist and murderer, after he escaped his prison cell in March 2022 when he faked his own death.  At his arrest, he was found with his girlfriend Nandipha Magudamana, a celebrity doctor, and another man.[1]



[1] Larry Madowo, South African Convicted Rapist and Murderer Accused of Faking his Own Death is Arrested Abroad, CNN, April 12, 2023 https://www.cnn.com/2023/04/12/africa/south-africa-murderer-fakes-own-death-intl/index.html

 

Mexico Extradites Sinaloa Cartel Figure to the U.S. on Drug Trafficking and Firearm Charges

Friday, April 14, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
4
Abstract: 

On April 4, 2023, the United States Department of Justice announced Mexico has extradited to the United States a Mexican national and alleged high-ranking member of the Sinaloa Cartel, an international drug trafficking organization formerly headed by Joaquin Guzman Loera, aka El Chapo, and Ismael Zambada Garcia, aka El Mayo.  The extradition occurred pursuant to international drug trafficking and firearms charges.  

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