OTHER THINGS YOU MAY HAVE MISSED – APRIL 16

Panama Covid-19 update – another day with no fatalities (the fourth in a row), but 124 new cases, though recorded active cases have fallen by 100 to 2,469. There are 12 patients in ICU and 69 in other wards.

It was also reported that, of the 8,178 deaths to date, the age group with the highest number of deaths is that between 60 and 79 years old with 3,766 deaths. The over 80 years account for 2,354 deaths. Then for those between 40 and 59 years there were 1,644 deaths; with 20 to 39 year olds seeing 366 and those under 20 48 deaths.

16 APRIL 2022

US SANCTIONS ON RUSSIA’S SEAFOOD HAVE A BIG LOOPHOLE: CHINA PROCESSORS

On 15 April, NBC in Texas reported that Russian companies rely heavily on China to process their catch, which then can be re-exported to the US as a “product of China”.   It is said that China doesn’t catch cod. They don’t catch pollock. But they are one of the largest exporters of these whitefish in the world

https://www.nbcdfw.com/news/national-international/us-sanctions-on-russias-seafood-has-a-big-loophole-china-processors/2941597/

CANADA: SANCTION FEARS DETER RUSSIAN BROKERAGES FROM ADOPTING SBERBANK’S CLIENTS

On 15 April, the Financial Post reported that fears of being targeted by Western sanctions are deterring Russian brokerages from helping Sberbank by hosting its clients’ accounts with foreign stocks holdings.  It says that Sberbank, VTB and Alfa Bank, Russia’s biggest banks, were also top brokerage houses before the latest sanctions, which left their clients holding foreign stocks with the need to park their funds with smaller domestic players.

https://financialpost.com/pmn/business-pmn/sanction-fears-deter-russian-brokerages-from-adopting-sberbanks-clients-sources

PAKISTAN: HIGH COURT RULING ON ASSETS NOT MADE THROUGH ILLEGAL MONEY

On 16 April, Ary News reported that the Islamabad High Court (IHC) has ruled that it is unlawful to frame money laundering charges against anyone merely concealing assets or not declaring them.  It held that money laundering cannot be charged if assets are not made using illegal money.

https://arynews.tv/ihc-declares-money-laundering-charges-over-undeclared-assets-illegal/

US FEDERAL APPEAL COURT UPHOLDS OFAC DESIGNATION OF OLEG DERIPASKA

On 15 April, an article from the Volkov Group reported that the US Court of Appeal for the District of Columbia had rejected Deripaska’s appeal.  In rejecting Deripaska’s appeal, the Court ruled that his designation was supported by proper evidence.  He had argued that he no longer owned 2 major energy companies, but OFAC rejected that claim.  While the Court noted that he may not continue to own the 2 energy companies, the Court upheld OFAC’s finding that he continues to “operate” the companies.

https://www.jdsupra.com/legalnews/appellate-court-upholds-ofac-5147730/

HOW PWC HELPED A RUSSIAN STEEL BARON GROW HIS OFFSHORE EMPIRE

In another Pandora papers report, ICIJ on 14 April published an article about longtime PwC client Alexei Mordashov, who was hailed as Russia’s richest man in 2021.  It says that PwC helped a holding company tied to Mordashov set up and administer more than 65 shell companies in the BVI and other jurisdictions. 

https://www.icij.org/investigations/pandora-papers/mordashov-pwc-russia-richest-offshore/

IN FEAR OF SANCTIONS, EXECUTIVES AT 5 OF RUSSIA’S BIGGEST FINANCIAL INSTITUTIONS MADE MOVES TO SAFEGUARD HUNDREDS OF MILLIONS IN ASSETS

On 11 April, another Pandora Papers article from ICIJ says that bankers had already taken steps that may help blunt the impact of sanctions on their personal wealth.  It explains how, over the last decade, 8 executives at 5 of Russia’s biggest financial institutions — Sberbank, Alfa Bank, VTB, Gazprombank and VEB — exploited the secrecy of the offshore financial system to stash wealth in faraway jurisdictions.  The bank executives are part of a group of more than 4,400 Russians whose offshore activities are documented in the Pandora Papers.

https://www.icij.org/investigations/pandora-papers/russian-bankers-wealth-sanctions-offshore/

See also –

Landmark expansion of public offshore database – which spotlights vital new information on the covert financial activities of oligarchs, bankers and politicians as waves of Western sanctions target Putin loyalists.

https://www.icij.org/investigations/pandora-papers/alpha-offshore-leaks-database-pandora-papers-russia/

HONG KONG – EAST ASIA’S ENTRY POINT FOR MEXICAN METHAMPHETAMINE?

An article from Insight Crime on 15 April asked this question.  It says that Hong Kong has become the gateway to East Asia for Mexico’s methamphetamine trade.

https://insightcrime.org/news/hong-kong-east-asia-entry-point-mexican-methamphetamine/

IMPORTS TO NORTH KOREA STILL ARRIVING, BUT FACE WEEKS IN QUARANTINE

On 13 April, 38 North reported on activity which indicates North Korea is open to imports despite a recent jump in COVID-19 cases in China.  It also comments on the apparent quarantine of such imports.

https://www.38north.org/2022/04/imports-to-north-korea-still-arriving-but-face-weeks-in-quarantine/

HOW GLOBAL IS THE NORTH KOREAN ECONOMY?

An article from 38 North on 15 April says that North Korea may be one of the most autarkic economies in the world, but it is far from isolated from global fluctuations.  It examines how the economy, while it may be more internationally disconnected than most, it is not insulated from global price changes.

https://www.38north.org/2022/04/how-global-is-the-north-korean-economy/

VIETNAM ARRESTS FACEBOOK USER FOR DISCUSSING HIGH-PROFILE FINANCIAL CRIMES

On 14 April, RFA reported that authorities in Vietnam arrested Hanoi resident Dang Nhu Quynh for allegedly posting information on Facebook about the arrest of a business leader, which they said violated state interests.  It is said that he commented on the cases of finance mogul Trinh Van Quyet, chairman of FLC Group who had been arrested for stock market manipulation, and Do Anh Dung, the chairman of property developer Tan Hoang Minh Group who was arrested for bond-issuance fraud.

https://www.rfa.org/english/news/vietnam/quynh-04142022182440.html

CRYPTO-ASSETS AND THEIR PLACE IN THE GLOBAL REGULATORY SCHEME

On 5 April, Thomson Reuters published a new report which is said to show a complex and changing landscape.  The report probes new areas of global regulatory emphasis such as central bank digital currencies (CBDC), non-fungible tokens (NFT), stablecoins, decentralised autonomous organisations (DAO), crypto-advertising, and financial crime.  The report also contains an updated compendium and map, which offers a country-by-country overview of the rapidly developing regulatory and legal framework for cryptos.  The compendium includes approximately 70 important countries, their regulatory approach or stance on cryptos, general tax status along with links to valuable information such as the pertinent regulatory bodies or enacted regulations.

https://www.thomsonreuters.com/en-us/posts/investigation-fraud-and-risk/cryptos-on-the-rise-2022/

DUBAI REGULATOR ANNOUNCES INCREASED PROTECTION FOR WHISTLEBLOWERS

On 7 April, Al-Monitor reported that the Dubai FSA had announced a new regulatory regime for whistleblowing.  It is said to provide enhanced legal protection to people who report misconduct by any Dubai entity regulated by the authority, and applies to those who report the misconduct internally or to Dubai authorities

https://www.al-monitor.com/originals/2022/04/dubai-regulator-announces-increased-protection-whistleblowers#ixzz7Qcv20fnm

BRAZIL AND PARAGUAY AGREEMENT WILL ALLOW THEIR SECURITY FORCES TO QUICKLY EXCHANGE INFORMATION, ORGANISE JOINT OPERATIONS AND REDUCE BUREAUCRATIC PROCEDURES WHEN COMBATING ORGANISED CRIME

On 14 April, OCCRP reported on this new agreement, saying that the Southern Cone’s Tri-Border Area, between Brazil, Argentina, and Paraguay, is reportedly an international hub for smuggling, trafficking in drugs and arms, as well as money laundering.

https://www.occrp.org/en/daily/16203-brazil-and-paraguay-agree-to-fight-organized-crime-together

CYPRUS: BAR ASSOCIATION FINES FOR 4 LAW FIRMS IN CYPRUS FOR BREACHING NUMEROUS RULES INCLUDING THAT ON MONEY LAUNDERING

On 15 April, News in Cyprus reported that a fine of €79,000 was imposed on a law firm involved in a significant number of naturalisations of foreign investors and entrepreneurs.

https://in-cyprus.philenews.com/bar-association-fines-four-law-firms-for-breach-of-money-laundering-rules/

US: FORMER NEW YORK COUNTY EXECUTIVE JAILED FOR 12 YEARS FOR BRIBERY

On 14 April, CBS reported that a former Nassau County Executive, an attorney, has been disbarred and sentenced to 12 years in prison.

https://www.cbsnews.com/newyork/news/executive-ed-mangano-sentenced-in-bribery-scheme/

CATCHING THE KINAHANS

On 16 April, the Observer published an article including interviews with 3 veteran frontline NCA officers tasked with collating information on a transnational crime syndicate known to have murdered at least 12 people, mainly their rivals.  On condition of anonymity, the operatives reveal the challenges and dangers attached to getting close to the Kinahan cartel.

https://www.theguardian.com/world/2022/apr/16/kinahans-officers-risking-lives-to-jail-ireland-most-violent-gang-leaders

BANGLADESH: SUE THE FRAUDULENT EXPORTERS FOR MONEY LAUNDERING

On 16 April, the Daily Star reported that it is alarming that fraudulent agricultural companies have been taking incentives from the government and laundering money by showing false exports. It claims that at least 20 such companies have pocketed 20% export incentive given by the government (farm sector exporters are entitled to the government benefit that aims to boost export of certain goods) over the last 5 years through fake shipments of 965 consignments.

https://www.thedailystar.net/views/editorial/news/sue-the-fraudulent-exporters-money-laundering-3005726

NEW ZEALAND: INQUIRY INTO WHETHER BUY NOW/PAY LATER LENDERS ARE COMPLYING WITH MONEY LAUNDERING LAWS

In its 17 April edition, Stuff reported that the Department of Internal Affairs is investigating whether all buy now, pay later lenders are complying with money laundering laws – they are not as heavily-regulated as other lenders because they do not charge interest.  Questions are posed over compliance with money laundering laws requiring them to verify the identities of their customers.

https://www.stuff.co.nz/business/128343658/internal-affairs-looking-into-whether-buy-now-pay-later-lenders-are-complying-with-money-laundering-laws

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VIETNAM ARRESTS DEPUTY FOREIGN MINISTER ON BRIBERY CHARGE

On 15 April, RFA reported that To Anh Dung is the latest official accused in an investigation into COVID-19 rescue flights for Vietnamese living abroad during the height of the COVID-19 pandemic.  Several officials are accused of taking bribes from overseas Vietnamese.

https://www.rfa.org/english/news/vietnam/bribery-04152022152551.html

LAW FIRMS UNILATERALLY TERMINATING CLIENT RELATIONSHIPS

On 13 April, a timely article from Clyde & Co says that, in light of recent events, many firms have been reviewing their client lists and considering whether certain relationships should come to an end.  It says that the decision to end a professional relationship with a client can be a difficult one for a solicitor.  There are risks, even when the firm is certain that it is the right thing to do

https://www.clydeco.com/en/insights/2022/04/unilaterally-terminating-client-relationships

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THE GATEKEEPERS WHO HELP OPEN AMERICA TO OLIGARCHS AND SCAMMERS

An article from ICIJ on 5 April examines the role of registered agents, saying that few other facilitators in the US financial system operate with as little oversight as the thousands of registered agents who often serve as the only publicly known contact for companies with anonymous owners. It involves examining thousands of company records filed with the state of Wyoming, with records came primarily from LLC, a business structure that offers tax breaks, legal protections and privacy safeguards.  On most of the records, the only names listed were those of registered agents. In Wyoming, the owners of LLC are not required to identify themselves.  In January, a federal law for the first time required LLC and similar business entities to provide the names and birth dates of their owners to a new government database – but that registry is not accessible to the public. 

https://www.icij.org/investigations/pandora-papers/the-gatekeepers-who-help-open-america-to-oligarchs-and-scammers/

US COMMERCE DEPARTMENT INITIATES IMPORT DUTY EVASION INQUIRY RE SOLAR CELLS AND MODULES FROM CAMBODIA, MALAYSIA, THAILAND AND VIETNAM

On 14 April, DLA Piper reported that the Department of Commerce had instituted inquiries to determine whether imports of solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam are circumventing anti-dumping and countervailing duty (AD/CVD) orders on Chinese crystalline silicon photovoltaic (CSPV) cells and modules.  This follows one company having filed a petition in February alleging that certain Chinese CSPV producers are circumventing the AD/CVD orders on CSPV cells and modules from China by producing and assembling them, using Chinese-made components, in Cambodia, Malaysia, Thailand, and Vietnam. 

https://www.dlapiper.com/en/us/insights/publications/2022/04/us-doc-initiates-circumvention-inquiries/

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OTHER THINGS YOU MAY HAVE MISSED – APRIL 15

Panama Covid-19 update – the city very quiet, as so many people vanished for the holiday weekend. Other good news is that the number of active cases fell to 2,569, with 271 new cases and no new fatalities. There are just 9 people with Covid in ICU, with 80 more in other wards.

15 April 2022 

NEW ZEALAND: NEW MODERN SLAVERY LEGISLATION

ON 14 April, the firm of Russell McVeagh published an article saying that the New Zealand Government is commencing consultation regarding a legislative response to modern slavery and worker exploitation, forced labour, people trafficking and slavery. It is said that the legislative proposals would adopt a disclosure and due diligence approach which places obligations on all types of entities, regardless of size.  Responses to the consultation are being accepted until 7 June.

https://www.russellmcveagh.com/insights/april-2022/new-modern-slavery-legislation-for-new-zealand 

LAZARUS NORTH KOREA CRIME RING LINKED TO $540 MILLION AXIE INFINITY CRYPTO HACK

On 14 April, the Wall Street Journal reported that the Lazarus Group is being linked by US authorities to the hack of the online game Axie Infinity in March which is said to be one of the largest in the history of cryptocurrencies. The perpetrators stole 173,600 ether and 25.5 million of the stablecoin USD Coin, or USDC, worth about $540 million at the time of the attack.

https://www.wsj.com/articles/u-s-agency-links-north-korea-crime-ring-to-540-million-axie-infinity-crypto-hack-11649966631

US DoJ OPENS HAS OPENED AN INVESTIGATION INTO NORWAY’S PETRONOR E&P ASA

On 14 April, the Wall Street Journal reported that the DoJ had opened an FCPA investigation following allegations of corruption at the oil-and-gas company’s operations in West Africa.  December saw a raid by Norwegian authorities of the company’s offices in Oslo and the arrest of its then CEO, Knut Søvold.

https://www.wsj.com/articles/u-s-joins-norway-in-probe-of-petronor-executives-11649969305

JAPANESE FINANCIAL SANCTIONS ON RUSSIA OVER INVASION INTO UKRAINE

Greenberg Traurig has issued a Client Alert explaining sanctions imposed by Japan and providing a link to the relevant lists from the Ministry of Finance.

https://www.gtlaw.com/en/insights/2022/04/japanese-financial-sanctions-on-russia-over-invasion-into-ukraine

US PUSHES UN TO BAN TOBACCO EXPORTS TO NORTH KOREA

On 14 April, TJI reported that the US is pressuring the UN Security Council to further sanction North Korea over its renewed ballistic missile launches by banning tobacco and halving oil exports to the country.

http://www.tobaccojournal.com/US_pushes_UN_to_ban_tobacco_exports_to_North_Korea.56987.0.html

EUROPEAN PORTS SEEK CLARITY AND UNIFORMITY IN BAN ON RUSSIAN VESSELS

On 14 April, Lloyds List reported that the European Sea Ports Organisation, which has 23 members, says that while it supports sanctions against Russia, there needs to be clarity and uniformity in the application of the ban on Russian vessels to avoid what it calls ‘port shopping’.

https://lloydslist.maritimeintelligence.informa.com/LL1140511/European-ports-seek-clarity-and-uniformity-in-ban-on-Russian-vessels

MEXICO’S CARTELS CORNER THE CHINESE MARKET FOR ILLEGAL WILDLIFE

On 14 April, Insight Crime carried an article saying that the full threat posed to Mexico’s biodiversity by both Mexican and Chinese organised crime networks has been revealed in a new report from the Brookings Institute, which shows how unsustainable quantities of Mexico’s marine and terrestrial wildlife are being poached.

https://insightcrime.org/news/mexico-cartels-corner-chinese-market-for-illegal-wildlife/

SWISS-BASED TRADING FIRM KOLMAR FACES CRIMINAL INQUIRY

On 14 April, Swissinfo reported that Swiss justice authorities have opened criminal proceedings for alleged smuggling of gas oil belonging to a Libyan state-owned company.

https://www.swissinfo.ch/eng/swiss-based-trading-firm-kolmar-faces-criminal-inquiry/47518172

NETHERLANDS: FIRM FINED €2 MILLION FOR FAILING AML COMPLIANCE

On 12 April, IPE reported that Rotterdam-based asset manager Robeco had been fined €2 million after the regulator determined that checks on clients and their transactions had significant shortcomings.  The compliance failings occurred between 2018 and 2020, and all concerned retail investor accounts.

https://www.ipe.com/news/robeco-fined-2m-for-failing-anti-money-laundering-compliance/10059196.article

RANSOMWARE GROUP HAS AN HR DEPARTMENT, PERFORMANCE REVIEWS AND AN ‘EMPLOYEE OF THE MONTH’

On 13 April, CNBC reported that the group operates much like a regular company, with salaried workers, bonuses, performance reviews and even “employees of the month”; and that some workers were told they were working for an advertising company and likely were unaware who was employing them.  The Russian group had been identified by the FBI as one of the most prolific ransomware groups of 2021.  A series of document leaks reveal details about the size, leadership and business operations of the group known as Conti.

https://www.cnbc.com/2022/04/14/conti-ransomware-leak-shows-group-operates-like-normal-tech-company.html

SWISS BANK BOSS CONVICTED IN FRAUD TRIAL AFTER PUTTING STRIP CLUBS ON EXPENSES

On 13 April, Sky News reported that, Pierin Vincenz, the 65-year-old former Swiss “banker of the year” was charged with making millions through illicit deals while CEO of Raiffeisen Switzerland.  He has alsobeen sentenced to nearly 4 years in prison after claiming nearly £165,000 on expenses to cover his strip club visits.

https://news.sky.com/story/pierin-vincenz-swiss-bank-boss-convicted-in-fraud-trial-after-putting-strip-clubs-on-expenses-12589381

ALLEGED BIKIE EXTRADITED TO WESTERN AUSTRALIA FOLLOWING $32 MILLION CASH SEIZURE

On 15 April, the Sydney Morning Herald reported in a video report that the alleged member of a biker gang has been extradited to Western Australia, after detectives caught the accused money launderer on the Gold Coast.  He had been charged with money laundering and conspiring to sell 50 kg of dangerous drugs, including 30 kg of methamphetamine, 10 kg of cocaine and 10 kg of heroin.

https://www.smh.com.au/national/alleged-bikie-extradited-to-western-australia-following-32-million-cash-seizure-20220415-p5adt8.html

https://www.9news.com.au/videos/national/alleged-bikie-to-be-extradited-to-western-australia-on-money-laundering-charges/cl1zz9p2q00090jrz868fz28k

FORMER COCA-COLA EXECUTIVE SENTENCED OVER UK BRIBERY SCHEME

On 14 April, the Financial Times reported that a former manager received £1.2 million in bribes to award contracts to certain companies and has now been sentenced to 20 months in prison.  5 other defendants were also convicted, and 3 companies were fined for failing to prevent bribery.

https://www.ft.com/content/5620e1af-b528-4f39-9f83-835007bfac26

US: FINANCIAL ASSOCIATIONS RAISE CONCERNS ON EXPANDED BENEFICIAL OWNERSHIP REPORTING

On 14 April, Fried Frank reported that financial associations have raised concerns about the SEC’s proposed amendments to rules governing beneficial ownership.

https://www.findknowdo.com/news/04/14/2022/financial-associations-raise-concerns-expanded-beneficial-ownership-reporting

COUNTER-PIRACY EFFORTS IN THE GULF OF GUINEA PAY DIVIDENDS

On 14 April, an article in Homeland Security Today says that there has been a welcome decrease in reported incidents in the Gulf of Guinea region with 7 incidents reported since the start of the year.  However, the threat to innocent seafarers remains and is best exemplified with a recent attack where a Panamax-sized bulk carrier was boarded by pirates in April.

https://www.hstoday.us/subject-matter-areas/maritime-security/counter-piracy-efforts-in-the-gulf-of-guinea-pay-dividends/

ICE ARRESTS 23 KNOWN OR SUSPECTED HUMAN RIGHTS VIOLATORS ACROSS THE US DURING OPERATION SAFE NATION

On 12 April, a news release from US Immigration & Customs Enforcement advised that 23 fugitives sought for their roles in known or suspected human rights violations had been arrested during a nationwide operation.  All foreign nationals arrested during this operation have outstanding final orders of removal and are subject to repatriation to their countries of origin. Those involved included 2 known or suspected human rights violators from China, complicit in forced abortions and sterilisations by government entities; and 2 individuals from South and Eastern Europe implicated in human rights violations, including membership in military units known for massacres and the persecution of civilians.  However. 16 came from Central and South America.

https://www.ice.gov/news/releases/ice-arrests-23-known-or-suspected-human-rights-violators-across-us-during-operation

SEC: CHARGES AND AN ASSET FREEZE AGAINST SEVERAL LAS VEGAS-AREA INDIVIDUALS AND COMPANIES ALLEGEDLY BEHIND A NEARLY HALF-BILLION DOLLAR PONZI SCHEME INVOLVING PURPORTED PERSONAL INJURY SETTLEMENTS

On 15 April, a release on Mondo Visione advised that the defendants allegedly falsely told hundreds of investors, including many in their own church community, that they would earn 12.5% quarterly returns by making purportedly risk-free investments.  According to the complaint, none of the $449 million raised from investors over a 5-year period was used for this purpose.

https://mondovisione.com/media-and-resources/news/sec-obtains-tro-and-asset-freeze-against-alleged-perpetrators-of-nearly-450-mil/

AUSTRALIA IS 8 YEARS LATE IN FULFILLING A PROMISE TO EXPAND ITS AML LAWS

On 14 April, an article in The Diplomat says that, in 2014, the Australian government made a promise to meet the recommendation by FATF to include Designated Non-Financial Businesses and Professions (DNFBP) under the umbrella of AML/CFT laws.  It is said to be alongside Haiti and Madagascar as one of only 3 countries that have failed to act.

https://thediplomat.com/2022/04/the-urgent-need-to-advance-australias-anti-money-laundering-laws/

https://www.bbc.com/news/business-61043609

Any modest contributions for my time and ongoing expenses are welcomed!  I have a page where you can do so, and where one-off contributions start as low as $3, at https://www.buymea3coffee.com/KoIvM842y