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.

French Appellate Court Upholds Denial of Ukraine’s Extradition Request of Ukrainian Billionaire

Friday, November 17, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

 A French appellate court affirmed the denial of an extradition request from the Ukrainian government, ruling that Ukrainian billionaire Kostyantyn Zhevago should not be extradited. In 2019, Ukraine charged Zhevago with embezzling and laundering $113 million at Finance & Credit Bank.  In 2021, at the request of Ukraine Interpol issued a Red Notice against him.  After his arrest, a French court granted him pre-trial release on bail for € 1 million.

Uruguay’s Foreign Minister Resigns over Information About Accused Narcotics Trafficker and Fugitive

Friday, November 17, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On November 1, 2023, Uruguay’s Foreign Minister Francisco Bustillo resigned after the publication of audio messages in which he seemed to ask a former official to not furnish evidence in an investigation concerning a passport issued to Sebastián Marset, an accused drug trafficker and fugitive.

12TH Basel AML Index Shows Money Laundering Trends and Concerns

Friday, November 17, 2023
Author: 
Basel Institute
Volume: 
39
Issue: 
12
Abstract: 

 Global money laundering and terrorist financing (ML/TF) risks just keep on rising, according to the 2023 Public Edition of the Basel AML Index, released on  November 13, 2023. And that has a real impact on people’s lives today – from well-funded terrorist attacks to trillions of dollars flowing out of countries through corruption and organized crime.

ICE Issues Updated Guidance on Use of INTERPOL Red Notices

Friday, November 17, 2023
Author: 
Meg Hobbins and Ted R. Bromund
Volume: 
39
Issue: 
12
Abstract: 

On September 29, 2023, U.S. Immigration and Customs Enforcement (ICE) announced new agency-wide guidance on the use of INTERPOL Red Notices and Wanted Person Diffusions (WPD). While questions remain about how ICE will interpret and implement this guidance in practice, it marks a major step forward in the sophistication of ICE’s use of INTERPOL communications in law enforcement actions and immigration proceedings.

FATF Plenary Acts on Asset Recovery, Beneficial Ownership of Legal Arrangements, Abuse of NPOs for Terrorist Financing, Crowdfunding for Terrorism Financing, Cyber-Enabled Fraud, and CBI and RBI

Friday, November 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On October 27, 2023, the fourth Plenary of the Financial Action Task Force (FATF) under the Presidency of T. Raja Kumar of Singapore concluded and acted on a number of items, which this article discusses. The FATF granted full membership to Indonesia and continued the suspension of the membership of Russia as a result of its invasion of Ukraine.

 

UK Supreme Court Holds Danish Tax Authority Can Proceed with Claims to Recover Fraud in the UK

Friday, November 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On November 8, 2023, the U.K. Supreme Court held that the Danish tax authority can proceed with claims in U.K. courts to recover approximately $1.9 billion in dividend tax refunds that were allegedly fraudulently claimed by cum-ex traders. The appeal concerned the admissibility of claims made by Skaffeforvaltningen (SKAT), the Danish customs and Tax Administration, against Mr. Sanjay Shah and the companies related to him.  Shah and entities (appellants) argued that the claims seek to enforce, directly or indirectly, Danish tax laws or the public laws.  The question was whether “the revenue rule,” which is a common law principle whereby courts on one country should not enforce tax laws of another country, applies to this case.

Parents of Parkland Mass Shooting Victim File Lawsuit against U.S. in Inter-American Human Rights Commission

Friday, November 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On November 9, 2023, Manny and Patricia Oliver, parents of the then 16-year-old son, Joaquin, who was killed in the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida filed a first-of-its kind human rights lawsuit against the U.S. government.  The action requests a ruling from the Inter-American Commission on Human Rights (IACHR)  that U.S. gun policy violates human rights law and cost their son Oliver his right to life.

Two batches of Ukrainian artifacts recovered after attempted trafficking to Spain and the U.S.

Friday, November 10, 2023
Author: 
Jack Crovitz
Volume: 
39
Issue: 
12
Abstract: 

On October 23, 2023, the National Police of Spain and the Security Service of Ukraine announced that officers had seized gold artifacts belonging to Ukraine, worth more than €60 million ($64 million), in Madrid. Three Spaniards and two Ukrainians, accused of illegally trafficking these objects out of Ukraine in May 2016, have been arrested for money laundering. The 11 pieces were displayed in Kyiv museums in 2009-2013 as millennia-old artifacts from ancient Greco-Scythian culture, although recently some experts have suggested that the pieces are fakes.

Georgia Extradites Serbian Leader of $70M Cryptocurrency and Binary Options Fraud to the U.S.

Friday, November 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On November 3, 2023, the United States Department of Justice announced that Georgian authorities extradited Kristijan Krstic, 48, a Serbian national to the U.S., where he is charged with two separate federal indictments in the Northern District of Texas and the Eastern District of New York for his alleged participation in cryptocurrency and binary options schemes.

U.S. Treasury Imposes New Round of Sanctions on Hamas and FinCEN Issues An Alert on Hamas

Friday, November 3, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
12
Abstract: 

On October 27, 2023, the U.S. Department of the Treasury’s Office of Financial Assets Control (OFAC) imposed a second round of sanctions on key Hamas-linked officials and financial networks.  The sanctions follow the October 7 attacks on Israel.  As set forth in OFAC’s press release and designations, the new round of sanctions targets additional assets in Hamas’s investment portfolio and individuals who are facilitating sanctions evasion by Hamas-affiliated companies.

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