OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 30

30th September 2018

INDIA SEES LARGEST SEIZURES OF BLACK SPOTTED TURTLES

The Hindu on 30th September reported that India accounts for 29% of black spotted turtles (Geoclemys hamiltonii) seized from across 7 countries in South Asia, states a recent report by TRAFFIC.  Classified as vulnerable by the IUCN (International Union for Conservation of Nature) Red List of threatened species, the black spotted turtle or spotted pond turtle is native to South Asia, and is heavily trafficked – being once smuggled for its meat and is now sought after as an exotic pet.  The report titled ‘Black Spotted Turtle Trade in Asia II: A Seizure Analysis’ records seizures of 10,321 specimens in 53 instances across 7 countries between April 2014 and March 2016.

29-shivsahay-BlGUG4OO9GL1jpgjpg

https://www.thehindu.com/todays-paper/tp-national/india-sees-highest-seizure-of-black-spotted-turtles/article25085768.ece

IRELAND: SHIP SEIZED OVER TOBACCO SMUGGLING HAS COST STATE €410,000 BECAUSE REVENUE CAN’T DISPOSE OF IT

The Journal on 29th September reported that the MV Shingle was seized by customs officers in June 2014, when a shipment of over 32 million cigarettes and 4,000 kg of tobacco was found at Drogheda Port.  The ship was subsequently transferred by Revenue to Dublin Port, where it remains more than 4 years later because of the State’s inability to dispose of it.  The Revenue was unable to do anything with the ship until legal proceedings in relation to the seizure had been completed, but in June 2017, the High Court made an order of forfeiture of the ship to the State.  It was subsequently decided to send the ship to a specialist recycling facility to be disposed after asbestos was discovered on board.

http://www.thejournal.ie/revenue-seize-mv-shingle-cost-dublin-port-4260526-Sep2018/

SHORT-TERM WINS, LONG-TERM RISKS: HUMAN TRAFFICKING AND PEOPLE SMUGGLING IN THE MEDITERRANEAN AREA

On 28th September, the Global Initiative Against Transnational Organized Crime released a new report which says that, as has been the case over the past 3 years, 2018 has been characterised by the increasingly urgent efforts by European states to quell the flow of irregular migrants across the Mediterranean: sea arrivals in Italy have dropped by almost 75%.  Since the Valletta Summit held at the end of 2015, the EU as a bloc and more so through the direct initiatives of some if its Member States has expanded its efforts to address the ‘migrant crisis’.  These efforts, the report says, have borne the intended fruit, in terms of reducing migratory flows, though not without the ethics of the EU being called sharply into question – with criminals, and smugglers, as well as officials and militias, involving in human rights abuses, citing examples in Sudan and Nigeria.

https://reliefweb.int/report/world/short-term-wins-long-term-risks-human-trafficking-and-people-smuggling-mediterranean

SPAIN TO PROSECUTE SWEDISH ‘COCAINE KING’ ON NEW CHARGES

The Local on 30th September reported that prosecutors in Spain have decided to prosecute Jonas Falk (previously known as Jonas Oredsson), for money laundering and tax evasion, El País reported.  He was arrested in Colombia back in 2010 and sentenced to 18 years in prison by a Swedish court but then won an appeal.  He was then extradited to Spain to face money laundering charges but that trial was halted when it was ruled that he had not been given enough time to prepare for his defence.  He was released pending a new investigation, which only recently concluded.  He now faces money laundering and tax evasion charges and risks 20 years in prison as well as €24 million in fines.

https://www.thelocal.se/20180930/spain-to-prosecute-swedish-cocaine-king-on-new-charges

MODERN SLAVERY IN THE SUPPLY CHAIN

On 30th September, Control Risks published a newsletter that said that, according to a recent estimate published by the Walk Free Foundation and the International Labour Organization (ILO), more than 40 million people were estimated to be victims of modern slavery in 2016.  This makes modern slavery one of the biggest human rights issues facing society and business today.  It poses the question: what should businesses be thinking about when managing the risk of modern slavery?  It then mentions some factors businesses need to consider.

https://www.controlrisks.com/our-thinking/insights/newsletters/middle-east-risk-watch-issue-11-september-2018/modern-slavery-in-the-supply-chain

 

PODCAST: MONEYLAND

The Talking Politics podcast from the London review of Books sees an interview of Oliver Bullough (who acted as a guide on kleptocracy tours of London) about his acclaimed new book Moneyland: Why Thieves and Crooks Now Rule the World and How to Take it Back.  Where is Moneyland?  How did London become its capital?  And will Brexit, or a Corbyn government, or another financial crash change how it operates?  A conversation about tax havens, money-laundering, the politics of corruption and the corruption of politics.   The Guardian says that Bullough traces the ways in which, over the last 3 decades, a criminal elite of politicians and “businessmen” have been able to move their thieved fortunes around the world, through offshoring and shell companies, and have seen those fortunes settle in the places that have the highest-paid lawyers and accountants.

https://www.acast.com/talkingpolitics/moneyland

See also –

https://www.theguardian.com/books/2018/sep/09/moneyland-oliver-bullough-review-wealth-corruption-oligarchs

VENEZUELAN VET PLEADS GUILTY TO SEWING HEROIN INTO PUPPIES’ BELLIES FOR COLOMBIAN DRUGS CARTEL

Illicit Trade on 29th September reported that Andres Lopez Elorza, a Venezuelan vet, who was extradited to the US from Spain earlier this year has pleaded guilty to turning puppies into drug mules by sewing containers filled with liquid heroin inside their bodies for a Colombian trafficking gang.  It is alleged that Elorza and his accomplices smuggled at least 1kg of heroin into the US between September 2004 and January the following year.

https://www.illicit-trade.com/2018/09/venezuelan-vet-pleads-guilty-to-sewing-heroin-into-puppies-bellies-for-colombian-drugs-cartel/

OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 29

29th September 2018

AUSTRALIAN PM OUTLINES TIGHTER EXPORT CONTROL DUE TO CONTAMINATED FRUIT SCARE

Fresh Plaza reported on 28th September that Australia announces new controls as Singapore’s largest supermarket chain had put a halt on all strawberry purchases – with tighter export controls as the crisis, which has seen pins and needles inserted into fruit across Australia, spread further overseas.  This has seen the recent introduction of X-rays and shrink wrapping on exports.  The article says that a needle has now turned up in a punnet of Australian strawberries in New Zealand, prompting authorities there to employ extra screening measures.

http://www.freshplaza.com/article/9027293/australian-pm-outlines-tighter-export-control-due-to-contaminated-fruit-scare

HOW DIRTY MONEY DISAPPEARS INTO THE BLACK HOLE OF CRYPTOCURRENCY

BC Focus on 28th September reported that the Wall Street Journal had reported that cryptocurrency exchanges around the world have been used by criminals to launder money to the tune of $88 million over the past 2 years.  The report, entitled “How Dirty Money Disappears Into the Black Hole of Cryptocurrency,” surveyed over 2,500 wallets that were flagged by domestic and international courts the world over.   One of the largest receivers of the funds through the laundering process, it said, was ShapeShift AG, which accounted for over $9 million or more than 10% of the entire sum.

https://bcfocus.com/news/wsj-report-criticizes-shapeshift-of-not-containing-money-laundering/24208/

https://www.wsj.com/articles/how-dirty-money-disappears-into-the-black-hole-of-cryptocurrency-1538149743

https://zycrypto.com/shapeshift-accused-of-aiding-criminals-to-carry-out-successful-money-laundering-operations/

WHAT IS THE CONNECTION BETWEEN HUMAN TRAFFICKING AND MONEY LAUNDERING?

Nyman Gibson Miralis has published an article following the July publication from FATF on this issue.  It concisely summarises the main features of the forms of trafficking – for prostitution, forced or slave labour and removal of human organs.

https://ngm.com.au/money-laundering-human-trafficking/

EX-SENEGAL OFFICIAL TO TESTIFY AGAINST FORMER HONG KONG MINISTER PATRICK HO IN US BRIBERY CASE

The South China Morning Post on 29th September that ‘substantial evidence’ is said to be delivered by co-defendant-turned-witness in US$2.9 million bribery case.  Cheikh Gadio would be a witness and no longer a co-defendant following a court ruling in New York that all charges against the former foreign minister of Senegal and US resident be dropped.  Ho, Hong Kong’s home affairs minister from 2002 to 2007, has been behind bars in the US since last November.  He is charged on 8 counts: 3 for money laundering and 5 for violating the Foreign Corrupt Practices Act. He is accused of offering US$2.9 million worth of bribes to government officials to advance oil and development rights in Uganda and Chad for CEFC China Energy, a Shanghai-based company.

https://www.scmp.com/news/hong-kong/law-and-crime/article/2166313/ex-senegal-official-testify-against-former-hong-kong

SYDNEY COUPLE LAUNDERED FRAUD PROCEEDS OF $300,000 IN CRYPTOCURRENCY

ZyCrypto on 29th September reported that according to the police who arrested the couple and seized computers, laptops, storage devices, mobile phones, and documents, more than $300,000 were converted to cryptocurrency and sent to several offshore e-wallets.

https://zycrypto.com/sydney-couple-launder-fraud-proceeds-of-300000-in-cryptocurrency/

RUSSIA’S ‘BLOCKADE’ OF SEA OF AZOV PORTS ANGERS UKRAINE

Customs Today on 28th September reported that Russia’s annexation of the Crimean peninsula from Ukraine in 2014 means ships to/from Ukraine’s port of Mariupol on the Sea of Azov must now pass through a narrow strait bordered by Russian-controlled territory on both sides.  Ukraine and the West accuse Russia of deliberately blocking ships from entering the sea.  Ukraine criticises what it sees as a deliberate move by Moscow to block the Kerch Strait, the only shipping route into the Azov Sea, where Ukraine’s commercial ports of Mariupol and Berdyansk are crucial gateways for its metallurgy industry exports, and Mariupol is located just 20 km west of the frontline with Russian-backed separatists.  The news site says that problems started upon Russia’s completion this spring of a 12-mile bridge over the Kerch Strait connecting its southern mainland to Crimea.  The bridge’s 35-metre arches are too low for some ships to pass under and there are also restrictions on length.

http://www.customstoday.com.pk/russias-blockade-of-sea-of-azov-ports-angers-ukraine/

ARGENTINA ARRESTS MEMBERS OF INTERNATIONAL DRUG-TRAFFICKING SOCCER HOOLIGAN NETWORK

Insight Crime on 28th September reported on an international drug trafficking organisation made up of soccer hooligans from Argentina and Colombia adds to the mounting evidence of the involvement of these groups in organised crime and highlights growing criminal ties between the 2 countries.  The website reports that Argentine authorities arrested 15 people suspected of belonging to a network of criminalised soccer hooligan groups known as “barras bravas” that imported drugs from Colombia.  One of the group’s leaders is said to also a leader of a fan club for the Atlético Nacional soccer team in Medellín, Colombia.

https://www.insightcrime.org/news/brief/argentina-arrests-members-international-drug-trafficking-soccer-hooligan-network/

 

DANSKE BANK REPORT

Thanks to Kenneth Rijock and his blog at http://rijock.blogspot.com/ one can access an 87-page white paper dated 19th September, by Bruun & Hjejle, a leading Danish law firm, entitled Report on the Non-Resident Portfolio at Danske Bank’s Estonian Branch.  The report summarises characteristics of the terminated Non-Resident Portfolio at Danske Bank’s Estonian branch as well as other facts relating to it, including main events both at branch and Group level.

https://danskebank.com/-/media/danske-bank-com/file-cloud/2018/9/report-on-the-non-resident-portfolio-at-danske-banks-estonian-branch-.-la=en.pdf

IS BIG DATA BEING HANDCUFFED IN THE FIGHT AGAINST GLOBAL FINANCIAL CRIME?

On 28th September, Thomson Reuters Financial & Risk published an article referring to a recent report published jointly by Thomson Reuters (which provides the World-Check tools) and leading American think tank The Atlantic Council: Big Data, A Twenty-First century Arms Race.  It argues that the data revolution, “big data”, is creating a new toolkit for banks, law enforcement agencies and regulators to combat financial crime, yet the ability to identify illicit money flows and reveal hidden relationships could be impeded by conflicting privacy laws (such as GDPR and the EU “right to be forgotten”) and inconsistent financial regulation across the globe (despite the efforts of FATF).

https://www.jdsupra.com/legalnews/is-big-data-being-handcuffed-in-the-31079/

The report is available at –

https://risk.thomsonreuters.com/en/resources/special-report/atlantic-council-report-big-data.html


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WHY WEETABIX IMPORTS BANNED IN NEW ZEALAND

On 29th September, Politico reported on the case of a small store in New Zealand called “A Little Bit of Britain”.  108 boxes of Weetabix will be destroyed by New Zealand customs after it seized and impounded the shipment last year.  Local company, Sanitarium, has its own product, Weet-Bix.  Sanitarium took its case to the High Court but although a judge found there is no chance of customers being confused because Weetabix is only available at a speciality shops selling British products, the shipment will still be destroyed.  The Guardian has the full story.

https://www.theguardian.com/world/2018/sep/25/weetabix-wars-british-shop-in-new-zealand-wins-fight-against-cereal-giant

GLOCOM – NORTH KOREAN ELECTRONICS COMPANY CONTINUES TO OPERATE

A post on Arms Control Wonk on 28th September reminds one that the Glocom company and its North Korean connections came to light after a consignment of its battlefield radios was interdicted on its way to Eritrea in 2016 and the company’s network became the subject of investigations.  Rather than disappearing there has been a seemingly successful effort by Glocom to diversify its approaches to accessing the global defence market.  It says that Glocom has unveiled a new version of its website, complete with a set of social media accounts on platforms from Twitter to Youtube and Instagram.  It director, Pyon Won Gun, is subject to EU sanctions.  It seems that, according to the post, despite reporting and flagging the content of both Glocom’s Youtube and Twitter accounts, neither have been removed.  The post refers to Wall Street Journal reports that Fabulous System SDN BHD in Malaysia currently has Glocom products for sale on their website – and details the products involved, being portable and tactical radios.  The post says that Advanced Technology Facility (ATF) in Indonesia had at least 5 products listed on their website under the “EDSAT” brand which bear striking resemblance to Glocom’s in terms of appearance and product specifications.  It appears to the poster that not only is Glocom continuing to operate, and seemingly flourish, but it is also using third party sites to sell its goods.

https://www.armscontrolwonk.com/archive/1205992/not-your-usual-game-of-whack-a-mole/

See a former Glocom advert on the Wayback Machine at –

http://web.archive.org/web/20180730175452/https:/glocom-corp.com/2018/

See also the 2017 reuters article on Glocom at –

https://uk.reuters.com/article/uk-northkorea-malaysia-arms-insight-idUKKBN1650YG

And a previous update on Glocom at –

https://www.armscontrolwonk.com/archive/1203749/glocom-is-at-it-again/

Facom

OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 28

28th September 2018

ISRAEL ACCUSES IRAN OF HARBOURING ‘SECRET ATOMIC WAREHOUSE’

Outlook India on 28th September reported on Israeli Prime Minister Benjamin Netanyahu’s accusations that Iran was keeping a “secret atomic warehouse” just outside its capital, despite the 2015 deal with world powers that was meant to keep it from obtaining nuclear weapons.  He made the charges during a presentation at the UN General Assembly.

https://www.outlookindia.com/newsscroll/israel-accuses-iran-of-harbouring-secret-atomic-warehouse/1392311

€165,000 IN SMUGGLED BEER SEIZED AT DUBLIN PORT

The Journal on 27th September reported that the 25,700 litres of beer was seized from a foreign-registered truck entering the country on a ferry from Holyhead in Wales.

http://www.thejournal.ie/alcohol-dublin-port-4258341-Sep2018/

2 SRI LANKANS ARRESTED FOR SMUGGLING OVER $36 MILLION TO SINGAPORE

Newsfirst in Sri Lanka reported that 2 Sri Lankans attempted to smuggle a large sum of US Dollars to Singapore at Bandaranaike International Airport.  The cash is said to have been found concealed in the bags and trousers of the suspects.

https://www.newsfirst.lk/2018/09/27/two-sri-lankans-arrested-for-smuggling-over-36-million-usd/

MOROCCO PROBES USE OF SPEEDBOATS FOR MIGRANT SMUGGLING

Middle East Online on 27th September reported that Moroccan official says authorities are investigating use of high-power speedboats by smugglers to transport migrants which were until now used for trafficking drugs in Mediterranean.  The navy has opened fire on a “go-fast” speedboat off the coast of the North African nation, killing 1 person on board and wounding 3 others.  The authorities said they detained a Spanish citizen who was driving the boat.  Morocco said it has foiled 54,000 bids so far in 2018 by illegal migrants to cross the Mediterranean to Europe, and had dismantled 80 smuggling networks this year, including 23 in August alone.

https://middle-east-online.com/en/morocco-probes-use-speedboats-migrant-smuggling

ON THE TRAIL OF UGANDA’S ILLEGAL ‘BEAUTY-CREAM’ SMUGGLERS

The BBC on 27th September carried a report on illegal skin-lightening products, smuggled into Uganda.  More than 100 such products have been banned in Uganda since 2016.   All of these contain mercury and hydroquinone, linked to damaging side-effects by the government yet widely available in the country.  Tonnes of the banned skin-lightening products get into Uganda every year, mostly through porous points along the border with DR Congo.  The cosmetics rarely come in bulk deliveries. Carriers, who earn about $1 per trip, bring them across the border box-by-box or sack-by-sack.

https://www.bbc.co.uk/news/world-africa-45605309

CIMA EXTENDS TO 31ST DECEMBER DEADLINE FOR APPOINTMENT OF AMLO FOR CAYMAN FUNDS

On 28th September, Ogier reported that the Cayman Islands Monetary Authority (CIMA) has extended, to 31st December, the deadline for regulated funds to notify CIMA of the appointment of an AML Compliance Officer, MLRO and Deputy Money Laundering Reporting Officer as required under the AML regulations.  Unregulated funds are also obliged to appoint AML Officers and should have these appointments in place by 31st December, but are not required to confirm such appointments to CIMA.

https://www.ogier.com/news/cima-extends-to-31-december-2018-notification-date-for-appointment-of-aml-officers-for-cayman-funds

CONGO REPUBLIC PRESIDENT AND OTHERS IN IVORY COAST APPARENTLY BRIBED

Defence Web on 27th September claimed that bribes were paid to the president of the Republic of Congo via a presidential aide and Belgian firm Semlex to win Congolese oil contracts, according to a Swiss prosecution document.  Other bribes were allegedly paid to state oil officials and presidential aides to secure Ivory Coast oil deals.  The bribes were allegedly paid on behalf of Gunvor, a Geneva-based commodities and energy trading company.

http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=53249:congo-republic-president-and-others-apparently-bribed&catid=54:Governance&Itemid=118

UK VISA REQUIREMENTS FOR CARRIERS

On 27th September, the Home Office released an update version of its chart detailing visa requirements for non-UK nationals.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740080/UK_Visa_requirements_Sept_2018.pdf

MALAYSIA: 93 CHINESE, 6 MALAYSIANS ARRESTED FOR ALLEGED PHONE SWINDLE

The Daily Mail on 28th September reported that police say 93 Chinese citizens and 6 Malaysians have been detained on suspicion of being involved in swindling money from people in China through a telephone scam.

https://www.dailymail.co.uk/wires/ap/article-6217513/93-Chinese-6-Malaysians-arrested-alleged-phone-swindle.html

IS SOMEONE A VICTIM OF HUMAN TRAFFICKING? UK GUIDANCE

On 27th September, UK Visas and Immigration published staff guidance to help them decide whether a person referred under the national referral mechanism is a victim of trafficking.

https://www.gov.uk/government/publications/victims-of-trafficking-guidance-for-competent-bodies

ARMENIA CANCELS 254 DIPLOMATIC PASSPORTS

Kenneth Rijock in his blog on 27th September reported that the Ministry of Foreign Affairs of the Republic of Armenia has announced that it has cancelled 254 Armenian diplomatic passports, but that no list has been made public.

http://rijock.blogspot.com/

TOP LOTTERY OPERATORS IN INDIA ACCUSED OF TAX EVASION

Calvin Ayre on 27th September reported that several of the top lottery distributors in the country have reportedly been busted for trying to evade paying taxes.  3 operators — Martin Group, Sugal & Damani Group and Essel Group — have been targeted for attempting to evade paying the Goods and Services Tax (GST) associated with their sales efforts.

https://calvinayre.com/2018/09/28/business/top-lottery-firms-india-accused-tax-evasion/

IMPROVED INFORMATION SHARING NEEDED TO COMBAT ILLEGAL EXPORT OF SUV FROM US TO CHINA

Customs Today on 26th September reported that the National Insurance Crime Bureau, which works with local police and US Customs and Border Protection to catch people illegally moving luxury autos out of the US, says an improved system for sharing information is needed to combat the illegal exportation of luxury vehicles to China.  After 9/11, US Customs introduced a new export tracking system that the NICB was not allowed to access and this cut off important data from the federal government that the insurance industry could use to compare with its own records on stolen vehicles.  US CBP is quoted as saying that it believes the NICB should be able to receive bulk data from the federal agency and that it is working on a new information-sharing system that, when completed, the NICB can participate in.

http://www.customstoday.com.pk/improved-information-sharing-needed-to-combat-illegal-export-of-suvs-to-china/

JORDAN: 7 SUSPECTS IN TOBACCO-MAKING, SMUGGLING CASE BANNED FROM TRAVEL

Customs Today on 26th September reported that Jordanian authorities issued an order banning from travel 7 people suspected of being accomplices in a case involving the illegal production and smuggling of tobacco.  All are holders of the Jordanian nationality, except for one who is a Dutch national.

http://www.customstoday.com.pk/seven-suspects-in-tobacco-making-smuggling-case-banned-from-travel/

NATIONAL GAMBLING AUTHORITIES ISSUE A DECLARATION IN WHICH THEY RAISE THEIR CONCERNS ABOUT THE BLURRING LINES BETWEEN “GAMBLING” AND “GAMING”

CMS Law on 27th September carried a briefing about the recent agreement by 17 national gambling regulators.  The declaration identifies 4 main areas of concern: skin betting, loot boxes, social casino gaming and the use of gambling themed content within video games available to children.

http://www.cms-lawnow.com/ealerts/2018/09/national-gambling-authorities-issue-a-declaration-in-which-they-raise-their-concerns?_ga=2.269091316.46234795.1538123099-1120114776.1520330292

DUTCH GAMING AUTHORITY FINES ONLINE BETTING OPERATOR MR GREEN €312,500

CMS Law on 27th September published a briefing about the fine imposed on online betting operator Mr Green Ltd (Mr Green), which exploits the Mr Green website, for violating the Dutch Betting and Gaming Act (WOK).  The Dutch online gambling market is still closed, meaning that there are only a limited number of licenced operators.  New licences are currently not being granted due to Dutch gambling policy, which is focused on preventing gambling addiction, protecting consumers and preventing possible fraud and crime.

http://www.cms-lawnow.com/ealerts/2018/09/dutch-gaming-authority-fines-online-betting-operator-eur-312500?_ga=2.72959254.46234795.1538123099-1120114776.1520330292

PARALLEL IMPORTERS WARNED OVER IMPACT OF ‘NO DEAL’ BREXIT

Out-Law on 27th September reported that businesses involved in repackaging medicines placed on the UK market and exporting them for sale elsewhere in the EU could be in breach of intellectual property (IP) rights in a ‘no deal’ Brexit scenario, the UK government has warned.  The warning over parallel imports to remaining EU countries from the UK was contained in one of a series of technical notices that the government has issued.

https://www.out-law.com/en/articles/2018/september/no-deal-brexit-parallel-importers/

MAJOR RETAILER ORDERED TO PAY NEARLY £500,000 OVER UNDERAGE KNIFE SALES

Local Government Lawyer on 27th September reported that B&M Retail has been ordered to pay £492,598.53 after a joint investigation by Barking and Dagenham and Redbridge Councils into underage knife sales.  The retailer, which has more than 500 stores across the country, pleaded guilty at Barkingside Magistrates Court to 3 offences after a cross-border prosecution led by Barking and Dagenham’s legal department.

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36815%3A2018-09-27-10-29-29&catid=190&Itemid=122

STEERING GROUP ON AUTHORISED PUSH PAYMENT (APP) SCAMS DRAFT CODE OF PRACTICE

UK Finance on 28th September reported that this group, set up by the Payment Systems Regulator earlier this year, has published its draft Voluntary Code for consultation.  The code has been developed by representatives from consumer groups and the industry and is designed to help prevent APP scams and give customers better levels of protection.  Payment service providers could be required to delay suspect payments from online accounts, while consumers could be expected to have a clearer understanding that in some circumstances they will not receive compensation.  The consultation runs to 15th November.

https://www.aol.co.uk/news/2018/09/27/new-code-to-offer-help-to-consumers-tricked-into-fraudulent-mone/

See the consultation at –

https://appcrmsteeringgroup.uk/consultation/

ABALONE POACHING AT EPIDEMIC LEVELS

Defence Web on 28th September reported on a new report called “Empty Shells: An assessment of abalone poaching and trade from southern Africa” from TRAFFIC which says that over the past 18 years, poachers have stripped South African coastal waters of at least 96 million individual abalone.  Efforts to curb the illegal trade have roundly failed.  Once abundant, the population of South African abalone Haliotis midae is declining at unprecedented levels.  On average 2,000 tonnes of abalone are bagged annually by poachers – 20 times the legal take – in an illicit industry estimated to be worth at least $60 million a year.  TRAFFIC is calling for stricter trade controls on South African abalone and a listing of the species by the CITES Convention governing trade in endangered, threatened, and at-risk species.

The report is available at –

https://www.traffic.org/publications/reports/empty-shells/

http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=53256:abalone-poaching-at-epidemic-levels&catid=87:border-security&Itemid=188

ANTIGUA: LEROY KING DETAINED FOR EXTRADITION

The Daily Observer on 28th September reported that police had arrested the former chief of the Financial Services Regulatory Commission “for extradition purposes”, according to police sources.  King recently lost his latest attempt to stop his extradition to the US for fraud-related charges in connection with the $7 billion Allen Stanford Pontiac Ponzi scheme.

https://antiguaobserver.com/leroy-king-detained-for-extradition-today/?src=ilaw

MARIJUANA-BASED DRUG PLACED IN LEAST RESTRICTIVE SCHEDULE OF THE US CONTROLLED SUBSTANCES ACT

On 28th September, Jackson Lewis PC published an article saying that, for the first time, a marijuana-based drug has been approved by a US federal agency for lawful medical use.  Epidiolex, a cannabis-based drug approved by the FDA, is being placed in Schedule V of the federal Controlled Substances Act.  It says that Epidiolex for the treatment of seizures associated with 2 rare and severe forms of epilepsy and contains cannabidiol (CBD), a chemical component of the cannabis plant.  The CBD is extracted from the cannabis plant and is the first FDA-approved drug to contain a purified extract from the plant.

https://www.jdsupra.com/legalnews/marijuana-based-drug-is-placed-on-23989/

DUTCH MAN IN WOLVERHAMPTON RAN DRUG COURIERS FROM ARUBA

On 28th September, a NCA news release reported that Dutch national Wellington Rodriguez Pena, 24, has been sentenced to 9½ years in prison after admitting to directing couriers to smuggle over £1 million of cocaine into the UK in their suitcases.

http://www.nationalcrimeagency.gov.uk/news/1479-dutchman-ran-cocaine-couriers-from-aruba-to-uk

AGENCY, DISCLOSED AND UNDISCLOSED PRINCIPALS

On 28th September, Irish law firm Matheson published an article saying that, following a situation which highlighted the importance of including a no-agency boilerplate provision in commercial contracts, it had be felt useful to remind the principles of law behind agency and principals.  Basically, agency is a fiduciary relationship which exists between two parties under which one of them (known as the principal – which can be disclosed or undisclosed) agrees that the other (known as the agent) may act on its behalf, including to enter into contracts with third parties. To be “disclosed” means that the principal’s interest in a transaction is known to the third party at the time of entry into a contract, whereas an “undisclosed” one is not known at that time.

https://www.matheson.com/news-and-insights/article/the-agency-relationship-and-contracting-an-undisclosed-principal

JAPAN’S FSA STRENGTHENS AML MEASURES AS FATF EVALUATION LOOMS

Law 360 on 28th September reported that the FSA has made anti-money laundering measures a top priority in its annual policy report as it braces for inspections by FATF next spring.  FATF has previously criticized Japan for insufficient legal safeguards against money laundering, and the government hopes to clean up its tarnished image, particularly as it will host the Group of 20 summit next year.

http://www.riskandcompliancehub.com/japans-fsa-beefs-up-anti-money-laundering-measures/

CHARITY BRINGS LEGAL ACTION AGAINST HOME OFFICE OVER USE OF CHILDREN AS “SPIES”

Local Government Lawyer on 28th September reported that a charity has issued judicial review proceedings against the Home Office concerning the use of children as spies by the police and other investigative agencies (to make “controlled purchases” of alcohol and tobacco, for example).  Just for Kids Law will argue that the government’s position is incompatible with international law, in particular the UN Convention on the Rights of the Child.  It said it was concerned that there were “no clear safeguards for children despite the clear risks to mental and physical health posed by their involvement in investigations.

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36826%3Acharity-brings-legal-action-against-home-office-over-use-of-children-as-spies&catid=54&Itemid=22

EXPLOITATION AND TAXATION OF NATURAL RESOURCES NOW LARGEST SOURCE OF FUNDING FOR TERROR GROUPS, INTERPOL STUDY FINDS

Illicit Trade on 27th September reported on the Interpol report which claims that that 96% of the $31.5 billion in illicit flows generated every year in conflict areas goes to organised criminal networks. 38% of illicit money flows to armed groups in conflict zones now comes from the exploitation of natural/environmental resources, such as gold, minerals, diamonds, timber, oil, charcoal and wildlife, according to the report.

https://www.illicit-trade.com/2018/09/exploitation-and-taxation-of-natural-resources-now-largest-source-of-funding-for-terror-groups-interpol-study-finds/