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. Court Denies Petition to Quash IRS Summons Issued Pursuant to India-US Tax Treaty

Saturday, December 19, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 9, 2020, U.S. Magistrate Judge Alicia G. Rosenberg denied the petition to quash the third party summons to Citibank N.A. and granted the IRS’s motion to deny and dismiss the petition.[1]



[1]    Sabina Puri v. United States, U.S. District Court D.D. Ca., No. 2:20-cv-07270, Report and Recommendation re:  Petitioner’s Petition to Quash Third Party Summons Issued to Citibank, N.S. by the Internal Revenue Service, Dec. 9,2020.

 

Corporate Transparency Act Awaits President’s Signature to Become Law

Saturday, December 19, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 11, 2020, the United States Senate approved the National Defense Authorization Act (NDAA), which contains the Corporate Transparency Act. The Senate acted by a wide 84-13 margin, well beyond the two-thirds majority needed to override a veto.[1]



[1]    Connor O’Brien, Senate passes defense bill, setting up veto showdown with Trump, Politico, Dec. 11, 2020.

 

 

ICC Prosecutor Refuses to Open Investigation in the Iraq/UK Situation

Saturday, December 19, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
12
Abstract: 

On December 9, 2020, the Prosecutor of the International Criminal Court (ICC or the Court) announced the conclusion of the preliminary examination into the situation in Iraq/United Kingdom (UK). Following a lengthy procedure, Ms Fatou Bensouda decided to close the preliminary examination and not to open an investigation.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

 

[1] Statement of the Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the situation in Iraq/United Kingdom, December 9, 2020, https://www.icc-cpi.int/Pages/item.aspx?name=201209-otp-statement-iraq-uk.

 

 

Arrest Warrant Issued for Fugitive Preacher Shepherd Bushiri

Saturday, December 19, 2020
Author: 
Julia V. Brock
Volume: 
36
Issue: 
12
Abstract: 

Multimillionaire pastor Shepherd Bushiri, who has a warrant out for his arrest, disappeared from South Africa and reappeared in his home country Malawi in mid-November, sparking an international conflict between the two countries.[1] Bushiri has been charged with fraud and money laundering along with his wife, Mary, and two co-defendants for allegedly conducting a fraudulent investment scheme that earned them $6.6 million USD. Bushiri’s trial is scheduled for May 2021.



[1] Monica Mark, “Millionaire Preacher Skips Bail in South Africa, Fueling International Dispute,” NEW YORK TIMES, Nov. 19, 2020, https://www.nytimes.com/2020/11/19/world/africa/south-africa-malawi-shepherd-bushiri.html

 

 

Malaysia Extradites Chinese National for Turtle-Trafficking Money Laundering Charges

Saturday, December 19, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 20, 2020, the United States Department of Justice (DOJ) announced Malaysia has extradited a Chinese national to face charges for money laundering related to turtle trafficking.[1] The DOJ indictment filed on February 13, 2019 charges Kang Juntao, 24, of Hangzhou, China, with financing a ring of individuals who smuggled at least 1,500 protected turtles from the U.S. worth $2,250,000.[2]



[1]    U.S. Department of Justice, Chinese Man Extradited for Financing Turtle-Trafficking Ring, Press Rel., No. 20-113, Dec. 10, 2020.

 

[2]    United States v. Kang Juntao, U.S. District Court D. N. Jersey, Crim. 19-107 (OBS), Indictment. 

 

 

Supreme Court Awards Damages to Muslims FBI Put on No-Fly List to Retaliate

Saturday, December 19, 2020
Author: 
Miranda Bannister and Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 10, 2020, the Supreme Court ruled unanimously in the case of Tanzin vs. Tanvir that the three plaintiffs Muhammad Tanvir, Jameel Algibhah and Naveed Shinwari can seek monetary damages from the FBI agents who placed them on no-fly lists after they refused to spy on fellow congregants at their mosques in New York. The case hinged on the Court’s interpretation of the Religious Freedom Restoration Act (RFRA), which prohibits the government from placing an undue burden on an individual’s practicing of religion.

Italy Charges 4 Egyptian National Security Officials for Murder of Italian Student

Saturday, December 19, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 10, 2020, Italian prosecutors announced they have charged four officials of Egypt’s national security agency with the kidnapping and murder of Giulio Regeni, an Italian doctoral student, in Cairo in February 2016.[1]



[1]    Ruth Michaelson and Lorenzo Tondo, Italy charges Egyptian security officials over murder of Giulio Regeni, The Guardian, Dec. 10, 2020.

 

 

U.S. Law Enforcement Operation in North Triangle against Transnational Organized Crime Nets 700 Arrests

Friday, December 11, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

                On November 27, 2020, senior law enforcement officials from the United States, El Salvador, Guatemala, and Honduras announced the filing of criminal charges against 700 members of transnational criminal organizations (TOC), mainly MS-13 and 18th Street gangs. The charges came from a one-week coordinated law enforcement action under Operation Regional Shield (ORS).[1]



[1]    U.S. Department of Justice, More than 700 Members of Transnational Organized Crime Groups Arrested in Central America in U.S. Assisted Operation, Press. Rel. 1291, Nov. 27, 2020.

 

Swiss Tax Authority Gives Notice of U.S. Requests for Bank Information on U.S. Taxpayers

Friday, December 11, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On December 1, 2020, the Swiss Federal Tax Administration (FTA) issued notice of requests by the United States Internal Revenue Service, based on its tax treaty, for the FTA to transmit to the IRS information concerning accounts identified as U.S. accounts.[1]



[1]    Swiss Federal Tax Administration, Notifications of December 1, 2020 https://www.estv.admin.ch.

 

 

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