THINGS YOUMAY HAVE MISSED – JULY 30/31

Still away, and operating on limitations (including trying to have a good time!),so apologies once more for any shortcomings…normal service should return shortly. Meanwhile –

30 July 2021

Panama Covid-19 update – 915 new cases, 10 new fatalities, 434,460 cases to date and 6,808 fatalities.  Currently, 12,387 active cases, 104 in ICU, 444 in other wards and 343 in hospital hotels.  There have been 10,854 tests carried out, with a “hit rate” of 8.3%.

IRAN NUCLEAR MILESTONES: 1967-2021 AND IRAN MISSILE MILESTONES: 1985-2021

The Wisconsin Project on Nuclear Arms Control has produced these 2 timelines that put the current situation re Iran and its nuclear and missile development into context.

https://www.iranwatch.org/our-publications/weapon-program-background-report/iran-missile-milestones-1985-2020

https://www.iranwatch.org/our-publications/weapon-program-background-report/iran-nuclear-milestones-1967-2017

LEBANON: EU ADOPTS A FRAMEWORK FOR TARGETED SANCTIONS

On 30 July, the EU Council announced that it had adopted a framework for targeted restrictive measures to address the situation in Lebanon. This framework provides for the possibility of imposing sanctions against persons and entities who are responsible for undermining democracy or the rule of law in Lebanon.  Sanctions consist of a travel ban to the EU and an asset freeze for persons, and an asset freeze for entities. In addition, EU persons and entities are forbidden from making funds available to those listed. 

https://www.consilium.europa.eu/en/press/press-releases/2021/07/30/lebanon-eu-adopts-a-framework-for-targeted-sanctions/?utm_source=dsms-auto&utm_medium=email&utm_campaign=Lebanon%3a+EU+adopts+a+framework+for+targeted+sanctions

OFAC DESIGNATES CUBAN POLICIA NACIONAL REVOLUCIONARIA AND ITS DIRECTOR AND DEPUTY DIRECTOR

On 30 July, OFAC announced that it has designated the POLICIA NACIONAL REVOLUCIONARIA alongside both the Director and Deputy Director under the Global Magnitsky sanctions regime.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20210730

https://home.treasury.gov/news/press-releases/jy0298

ICE ANNOUNCES FIRST RESOURCE GUIDE TO AID HUMAN TRAFFICKING VICTIMS

On 30 July, US Immigration and Customs Enforcement issued a news release saying that it had released a resource guide to assist federal, state, local, tribal, and territorial law enforcement agencies nationwide with their human trafficking investigations and prosecutions. When used by law enforcement, it is a tool that will help increase the likelihood of success in human trafficking investigations and prosecutions.

https://www.ice.gov/news/releases/ice-announces-first-resource-guide-aid-human-trafficking-victims

UK WASTE COMPANY FINED £1.5 MILLION FOR ILLEGALLY EXPORTING HOUSEHOLD WASTE

On 30 July, The Guardian reported that the UK’s largest waste company, Biffa, has been fined £1.5 million after exporting filthy rubbish marked as waste paper for recycling in India and Indonesia, in actions a judge called “reckless, bordering on deliberate”.  The case sees the second time in 2 years that the company has been fined for illegally exporting household waste.  In addition to the fine, Biffa was ordered to pay costs of £153,827.99, and a proceeds of crime order of £38,388.  In 2019, Biffa was fined £350,000, with costs of £240,000 and a proceeds of crime order of £9,912, for sending household waste, described as waste paper, to China between May and June 2015.

https://www.theguardian.com/environment/2021/jul/30/uk-waste-firm-fined-15m-for-exporting-household-waste

ISRAEL BLAMES IRAN FOR ATTACK ON TANKER THAT KILLED BRITISH SECURITY GUARD AND ROMANIAN CREWMAN

On 30 July, The Guardian reported that the Liberian-flagged Mercer Street, which is linked to an Israeli tycoon, was hit off the coast of Oman in what is thought to have been a swarm attack involving multiple drones.  Though the vessel is Japanese owned, it is managed by an Israeli-owned company, Zodiac Maritime, part of the billionaire Eyal Ofer’s Zodiac Group.

https://www.theguardian.com/world/2021/jul/30/two-reportedly-killed-in-attack-on-israeli-linked-oil-tanker-off-oman

US, AUSTRALIAN AND UK AGENCIES RELEASE JOINT ADVISORY ON TOP ROUTINELY EXPLOITED VULNERABILITIES

On 26 July, Homeland Security Today reported that CISA, FBI, NCSC and ACSC had released a joint advisory on top routinely exploited vulnerabilities. The Joint Cybersecurity Advisory was co-authored by the US Cybersecurity and Infrastructure Security Agency (CISA), the Australian Cyber Security Centre (ACSC), the UK National Cyber Security Centre (NCSC), and the FBI. It provides details on the top 30 vulnerabilities—primarily Common Vulnerabilities and Exposures (CVE)—routinely exploited by malicious cyber actors in 2020 and those being widely exploited thus far in 2021.

https://www.hstoday.us/subject-matter-areas/cybersecurity/cisa-fbi-ncsc-and-acsc-release-joint-advisory-on-top-routinely-exploited-vulnerabilities/

https://us-cert.cisa.gov/ncas/alerts/aa21-209a

NIGERIA: PIRATES WHO HIJACKED A CHINESE VESSEL IN 2020 SENTENCED TO PRISON

On 27 July, Homeland Security Today reported that a court in Nigeria has sentenced 10 pirates to prison for hijacking a Chinese fishing vessel, FV Hai Lu Feng II, in May 2020.  They were convicted under the Suppression of Piracy and Other Maritime Offenses (SPOMO) ACT which was signed into Law by President Muhammadu Buhari in 2019 and which has been described as a major stride in Nigeria’s quest in ensuring prosecution of criminals in the Nigerian maritime domain.

31 July 2021

Panama Covid-19 update – 15 fatalities (6,823 to date) and 1,195 new cases (435,655 to date); 12,569 active cases; 13,106 tests carried out with a 9.1% hit rate; 105 patients in ICU,468 in other wards and 344 in hospital hotels.

UK: CORPORATE CRIMINAL LIABILITY: THE WHY AND THE HOW

On 27 July, BCL Solicitors produced n article about the recent Law Commission paper saying that it appears clear that while people agree that there are problems with the UK law on corporate criminal liability there is no consensus at all on precisely what is wrong, and what to do about it.  It considers some of the aspects, such as around DPA and the directing mind principle.  It argues for a more evolutionary than revolutionary approach to changes.

https://www.mondaq.com/uk/corporate-crime/1084110/corporate-criminal-liability-the-why-and-the-how?email_access=on

2 Pakistani Nationals Extradited to Face Charges over attempt to send large amount of heroin to US

A news release from the DEA on 30 July announced the extradition 2 Pakistani citizens, who will face charges for attempting to import large quantities of heroin into the US.  Apparently caught by a DEA sting, it is said that Maulabaksh Gorgeech and Niamatullah Gorgeech were Asia-based drug traffickers, began communicating and meeting with individuals whom they believed were heroin traffickers interested in purchasing multi-kilogram quantities of heroin for importation into the US in late 2019.

https://www.dea.gov/press-releases/2021/07/30/two-pakistani-nationals-extradited-united-states-face-drug-charges

ESG REPORTING MANIPULATION AND THE RISK OF FINANCIAL FRAUD 

The latest edition of the Thought 4 Leaders FIRE magazine includes an article about ESG misreporting, saying that the current environment provides all three elements of the oft-touted “fraud triangle” – pressure, opportunity and rationale.  However, it also says that there are several warning signs of ESG-related fraud, many of which are familiar to those involved in the investigation of financial statement fraud.

https://thoughtleaders4.com/images/uploads/news/TL4_FIRE_Issue_5_-_Future_of_Fraud.pdf

HOW CRYPTOCURRENCIES CAN BE TRACED

Another article in the latest edition of the Thought 4 Leaders FIRE magazine says that tracing crypto transactions is in many ways more feasible than other forms of asset tracing, provided one is equipped with the necessary expertise. The recent success of the US DoJ in recovering $2.3 million worth of misappropriated Bitcoins following the Colonial Pipeline ransomware attack was only the latest demonstration of how this can be done.

https://thoughtleaders4.com/images/uploads/news/TL4_FIRE_Issue_5_-_Future_of_Fraud.pdf

IMPORTANT GUIDANCE AND FINDINGS OF BREACH OF FIDUCIARY DUTY OF A DIRECTOR IN A BVI REGISTERED COMPANY

Another article in the latest edition of the Thought 4 Leaders FIRE magazine concerns a recent case which is one of the rare occasions in which the Privy Council will overturn findings of fact from the lower courts.  The judgment also provides further commentary and assistance on when it will be appropriate for an appellate court to intrude upon and reassess findings of facts by lower courts. In this case the Privy Council overturned decisions of both the BVI High Court and the Eastern Caribbean Court of Appeal.  The case is described as is a timely reminder of the duties which BVI directors owe to the companies to which they are appointed and the need for directors to take reasonable steps to prevent any breach of duty or misapplication of the assets of the company concerned.

https://thoughtleaders4.com/images/uploads/news/TL4_FIRE_Issue_5_-_Future_of_Fraud.pdf

HOW TO PLEAD FRAUD CLAIMS – AND HOW NOT TO

Another article in the latest edition of the Thought 4 Leaders FIRE magazine concerns a recent case before the High Court in London which struck out a claim alleging unlawful means conspiracy.  It is said that the judgment contains important lessons for parties seeking to bring claims for conspiracy, or for fraud more generally, and on how such claims should be pleaded.  The case is also said to be a good example of issues that can occur where parties seek to bring multiple related claims arising out of the same set of facts.  In this case, the Claimants’ claim failed because they had not pleaded, and could not identify, a complete cause of action.

https://thoughtleaders4.com/images/uploads/news/TL4_FIRE_Issue_5_-_Future_of_Fraud.pdf

SEX TRAFFICKING IN THE US ISN’T WHAT YOU THINK: 4 MYTHS DEBUNKED – AND 1 REAL-WORLD WAY TO PREVENT SEXUAL EXPLOITATION

An article on Medium by an Assistant Professor of Gender, Women’s, and Sexuality Studies, Oklahoma State University says that the common perception of sex trafficking involves a young, passive woman captured by an aggressive trafficker.  The woman is hidden and waiting to be rescued by law enforcement.  The author of the article says that she has been researching sex trafficking in the US Midwest since 2013 and presents what she says is the facts and the law. [Note: one thing she does highlight is that “trafficking” can take within a country, and does not need to involve crossing a border] The article emphasises the difference between sex work and sex trafficking, and that sex workers can be wrongly labelled and treated as “trafficked”. 

https://theconversation.com/sex-trafficking-isnt-what-you-think-4-myths-debunked-and-1-real-world-way-to-prevent-sexual-exploitation-158852

https://www.visualcapitalist.com/1-6-billion-disposable-masks-entered-our-oceans-in-2020/

BAHAMAS: ENVIRONMENTALISTS CONCERNED OVER TREE-KILLING BEETLE AND SHIP ORDERED OUT OF US

On 31 July, Eyewitness News reported that local environmentalists expressed concern after a vessel reportedly carrying wood infected with tree-killing beetles, and ordered out of New Orleans by US officials, was allowed to offload on Grand Bahama.  It was reported that the cargo ship out of the country after finding it infested with a type of Asian beetle that has been destroying trees in the US for more than 2 decades.

https://ewnews.com/horrifying-environmentalists-concerned-whether-tree-killing-beetle-onboard-ship-let-loose-on-gb

IRANIAN CITIZENS LIVING IN CANADA CHARGED WITH PLANS TO EXPORT EQUIPMENT USED TO ENRICH URANIUM

On 31 July, Texas News Today reported that Iranians living in Montreal are alleged to have exported lab equipment controlled for nuclear non-proliferation reasons from the US to Iran via Canada and the UAE.  The case involves attempts to export mass spectrometers to Iran.

https://texasnewstoday.com/iranian-citizens-living-in-canada-have-been-charged-with-plans-to-export-equipment-used-to-enrich-uranium/391830/

https://denvergazette.com/wex/man-charged-for-allegedly-exporting-controlled-lab-equipment-to-iran/article_0819c2be-91ff-53d8-8e16-6cf284517d21.html

HACKERS BEHIND THE SOLARWINDS CYBERATTACK IN DECEMBER BREACHED EMAILS IN DOZENS OF OFFICES OF US ATTORNEYS

On 31 July, UPI reported that the US DoJ had revealed that the attack breached the email accounts of employees in at least 27 offices across the country.

https://www.upi.com/Top_News/US/2021/07/31/doj-solarwinds/8421627749531/

UK: ORGANISED CRIME WARNING ISSUED TO PORT AND AIRPORT WORKERS

On 31 July, Homeland Security Today reported that the NCA has issued an alert to furloughed port and airport workers warning they may be vulnerable to organized crime groups seeking to exploit the COVID-19 crisis and that staff who have a detailed knowledge of controls and processes around the border could be targeted.  The warning has been issued to companies at the border, including port and airport operators, contractors, couriers and freight operators.

https://www.hstoday.us/subject-matter-areas/airport-aviation-security/organized-crime-warning-issued-to-port-and-airport-workers/

AUSTRALIA TO RETURN 15 HISTORIC ARTEFACTS TO INDIA

On 31 July, News of Bahrain reported that the National Gallery of Australia was to return to India 15 artefacts, including paintings sculptures and photographs, which it had acquired between 1989 and 2009 and which are associated with disgraced art dealer Subhash Kapoor.

https://www.newsofbahrain.com/trends/74331.html

IRAQ NATIONAL MUSEUM TO REOPEN AFTER RECOVERY OF LOOTED ARTEFACTS

On 31 July, New Kerala,com reported that the Baghdad museum was to reopen after some 17,000 looted artefacts were recovered from the US.

https://www.newkerala.com/news/2021/108050.htm

MEXICAN AUTHORITIES IDENTIFY 12 CRYPTO EXCHANGES INVOLVED IN MONEY LAUNDERING

On 31 July, the Cryptopolitan website reported that Mexican authorities has identified 12 local crypto exchanges which may have been involved in laundering money for the Jalisco drug cartel in the country. 

https://www.cryptopolitan.com/mexican-authorities-burst-exchange-firms/

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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