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.

Haitian Gang Leader Indicted for Conspiracy to Commit Kidnapping Against Missionaries.

Friday, May 13, 2022
Abstract: 

On May 10, 2022, Joly Germine, aka Yonyon, leader of the Haitian 400 Mawozo gang, was indicted by a federal grand jury in the District of Columbia for conspiracy to commit kidnapping.  The conspiracy relates to the armed kidnapping and ransoming of 1 Canadian and 16 American missionaries near Port au Prince by 400 Mawozo on October 16, 2021. 

 

Council of Europe Adopts a Set of Resolutions and Recommendations on the Russian Aggression Against Ukraine

Friday, May 13, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
5
Abstract: 

The Council of Europe (COE) continues its involvement in the Russian aggression against Ukraine.[1]  Recently, the Parliamentary Assembly of the Council of Europe (PACE) has adopted two sets of resolutions and recommendations. Each of them is accompanied by and based on a committee report  addressing various aspects of the invasion. The resolutions and recommendations were adopted on April 28, 2022.

BVI Court Grants Freezing Order against ‘Persons Unknown’ in Crypto Fraud Matter

Friday, May 13, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
5
Abstract: 

On May 4, the British Virgin Islands (Commercial Division), which is part of the Eastern Caribbean Supreme Court, issued a worldwide freezing order against persons unknown in relation to crypto fraud.  The decision emulates similar decisions in the UK and other commonwealth countries where courts commonly grant such relief.[1]



[1] ChainSwap v. Persons Unknown, Eastern Caribbean Supreme Court High Court of Justice, British Virgin Islands (Commercial Division), Claim No. BVIHC (COM) 2022/0031, Judgment, May 4, 2022 https://www.eccourts.org/chainswap-limited-v-the-owner-of-digital-wallet-et-al.

 

 

Global Witness Report Shows Laundering of Conflict Minerals

Friday, May 13, 2022
Author: 
Jack Kennamer
Volume: 
38
Issue: 
5
Abstract: 

Global Witness issued a report on April 26, 2022, detailing possible violations of the International Tin Supply Chain Initiative (ITSCI).   ITSCI is a due diligence scheme that covers “3T minerals” (tantalum, tin, and tungsten) mined in the Democratic Republic of the Congo (DRC) and neighboring countries.  Its purpose is to monitor the sourcing of minerals in these countries, and to prevent “conflict minerals” from entering the secure supply chain.  According to the Global Witness report, conflict minerals are being laundered through ITSCI approved mines and traders operating in the African Great Lakes Region of the DRC and Rwanda.

Fiji Seizes $300m Yacht of Sanctioned Russian Oligarch and Italy Seizes $700M Yacht Linked to Putin

Friday, May 13, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
5
Abstract: 

Efforts to implement sanctions against Russian oligarchs is progressing, as shown by an announcement on May 6 that Italy has seized a $700 million mega yacht linked to Russian President Vladimir Putin and on May 5 that Fiji has seized a $300 million yacht of sanctioned Russian oligarch Seleiman Kerimov at the request of the U.S.

U.S. Charges Third Person after Jamaica Extradites Suspect in Murder of Former Haitian President

Friday, May 13, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
5
Abstract: 

On May 6, 2022, Jamaican authorities extradited Joseph Joel John to the United States to face criminal charges in the U.S.  John, 51, made his initial court appearance before U.S. Magistrate Judge Lauren Louis in Miami.[1]



[1]    U.S. Department of Justice, Third Man Charged in Connection with Plot to Kill Haitian President, Pres Rel. 22-489, May 9, 2022.

 

Ukraine Brings Criminal Charges against 10 Russian Soldiers and Eurojust and ICC Announce Joint Investigation

Friday, May 6, 2022
Author: 
Bruce Zagaris
Volume: 
5
Abstract: 

On April 28, 2022, Ukrainian authorities brought criminal charges against ten Russian soldiers, who Ukraine accuses of taking civilians hostage and mistreating them in Bucha.  This is the first criminal charges brought with respect to the conflict.[1]  On April 25, the International Criminal Court Prosecutor, Karim A.A. Khan WC announced his office has become a participant in the joint investigation team on alleged core international crimes committed in Ukraine, joining existing members Lithuania, Poland and Ukraine.[2]



[1]    Brett Forrest, Kyiv Brings Its First War-Crime Charges, Wall St. J., Apr. 29, 2022, at A9, col. 6.

[2]    International Criminal Court, Statement by ICC Prosecutor, Karim A.A. Khan QC: Office of the Prosecutor joins national authorities in Joint Investigation Team on international crimes committed in Ukraine, Apr. 25, 2022.

 

U.S. Arrests BVI Premier, Port Director, and Son on Drug Trafficking Conspiracy Charges

Friday, May 6, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
5
Abstract: 

On April 29, 2022, U.S. law enforcement authorities arrested British Virgin Islands (BVI) Premier Andrew Alturo Fashie, Managing Director of the BVI Ports Authority Oleavine Pickering Maynard (O. Maynard), and the Port Director’s son, Kadeem Stephan Maynard (K. Maynard) on criminal charges in the United States District Court in Miami of cocaine trafficking and money laundering conspiracies.  They allegedly agreed to facilitate the safe passage through BVI port of tons of Colombian cocaine headed to Miami.  In exchange for their facilitation work, the defendants would make millions, which would be sent through different businesses and bank accounts to hide the source of the money.[1]



[1]    U.S. Attorney for S.D. Florida, British Virgin Islands Premier, Port Director Charged in South Florida Federal Court with Drug Trafficking and Money Laundering Crimes, April 29, 2022.

 

Honduran Former President Faces Trial in New York Federal Court

Friday, April 29, 2022
Author: 
Alex Mostaghimi and Dennis Boyle
Volume: 
38
Issue: 
5
Abstract: 

On April 22, 2022, former Honduran President Juan Orlando Hernandez (JOH) made his appearance at his first virtual court hearing in the United States District Court for the Southern District of New York.  He is being charged with three counts: 1) conspiring to import cocaine into the United States which carries a sentence of 10 years to life in prison; 2) using and carrying machine guns and destructive devices during, and possessing machine guns and destructive devices in furtherance of, the cocaine importation conspiracy, which carries a sentence of 30 years to life in prison; and 3) conspiring to use and carry machine guns and destructive devices during, and to possess machine guns and destructive devices in furtherance of, the cocaine importation conspiracy, which carries a maximum life sentence.  If former President Hernandez is convicted, sentencing will ultimately be determined by a U.S. district court judge considering U.S. Sentencing guidelines and other factors.[1]



[1] United States District Court Southern District of New York, United States v. Juan Orlando Hernandez, January 27, 2022. https://www.justice.gov/opa/press-release/file/1496076/download

 

The Organization of American States Suspends Russia as Permanent Observer

Friday, April 29, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
5
Abstract: 

On April 21, 2022, the Organization of American States (OAS) adopted a resolution to suspend Russia as a permanent observer until it withdraws its military forces from Ukraine.  Twenty-five countries voted in favor, zero against, eight abstained, one country was absent, and none voted against. 

 

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