OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 9

All the newspapers here have major coverage of the death of the Queen (as President Macron and John Major have both pointed out, to many people around the world she was just “THE Queen”), with special features etc. The local TV also ran video of her visit to the country in the 1950s.

In other news, the Department of Epidemiology of the Ministry of Health (Minsa) has confirmed 4,887 cases of dengue so far this year, with 12 cases said to be serious, and with 3 fatalities. The ministry has emphasised preventive measures, to stop the mosquito breeding – inside the house, clean the bug screen meshes, windows and doors; change the water of any vases, dishes, pots and pets’ bowls; outside the house, ensure that any water containers are well covered; along with roof channels, saucers and plants with stems that accumulate water.

9 SEPTEMBER 2022

SOUTH KOREAN ARMS FIND INTEREST IN EUROPE AMID UKRAINE WAR

On 9 September, Nikkei Asia reported that Hyundai, Hanwha, KAI have won orders in Poland, but other countries also tempted.  It says that the country is bringing its technological and military-industrial strengths to bear on the global arms industry as South Korean defence companies expand in Europe, where military spending is rising after Russia’s invasion of Ukraine.

https://asia.nikkei.com/Business/Business-Spotlight/South-Korean-arms-find-interest-in-Europe-amid-Ukraine-war

CRYPTOASSET SEIZURES AND FORFEITURES: US AND UK ENFORCEMENT OVERVIEW

On 7 September, an article from Skadden analyses tools and procedures that enforcement authorities in the US and UK may use to seize and forfeit cryptoassets and provides an overview of related regulatory developments in these jurisdictions.

https://www.skadden.com/insights/publications/2022/09/cryptoasset-seizures-and-forfeitures

PANAMA: 5 FORMER MARTINELLI ADMINISTRATION MINISTERS FACE EMBEZZLEMENT TRIAL

On 8 September, Newsroom Panama reported that 5 former ministers of the government of Ricardo Martinelli (2009-2014) are among 49 facing trial for alleged embezzlement, as part of the case of the irregular sale of grain through the defunct National Aid Program (PAN).

https://www.newsroompanama.com/news/five-former-martinelli-ministers-face-embezzlement-trial

Meanwhile –

CLAIMS OVER ODEBRECHT CORRUPTION DURING TORRIJOS ADMINISTRATION

On 9 September, Panama America reported on claims of how the Brazilian construction company Odebrecht distributed bribes since 2007 in Panama, including to the then-President and Vice-President.

https://www.panamaamerica.com.pa/judicial/indagatoria-de-ho-torrijos-lewis-y-real-recibieron-dinero-de-odebrecht-1211838

COLOMBIA WILL FOCUS ITS ANTI-DRUG FIGHT ON WEAKENING TRAFFICKERS’ FINANCIAL POWER AND WILL CONTINUE FORCED ERADICATION OF COCA CROPS

On 8 September, Reuters reported that the new national police director made these comments, notwithstanding that new President Gustavo Petro has promised changes to the anti-narcotics fight, saying the decades-long war on drugs has failed, and to seek peace with the country’s armed groups

https://www.reuters.com/world/americas/colombia-combat-money-laundering-anti-drugs-fight-police-director-2022-09-08/

SOUTH AFRICA: GOVERNMENT SAYS IT IS COMMITTED TO ELIMINATING ILLEGAL MINING

On 9 September, Defence Web reported that the Mineral Resources and Energy Minister Gwede Mantashe has warned that if not abated, illegal mining “will reach crisis proportions” and poses a “threat to national security, government authority and socio-economic development”. 

https://www.defenceweb.co.za/security/civil-security/government-says-it-is-committed-to-eliminating-illegal-mining/

KEYSTROKE MONITORING LAWSUITS — WHAT COMPANIES NEED TO KNOW ABOUT CHATBOTS

On 9 September, an article from Brownstein Hyatt Farber Schreck said that recently multiple class actions have been filed in California against a variety of companies which allege that the defendants secretly deploy “keystroke monitoring” software that is used to intercept, monitor and record communications with visitors to their websites.  It warns that any company that uses chatbots is a potential target of these class action lawsuits. 

https://www.jdsupra.com/legalnews/a-new-twist-on-keystroke-monitoring-5125918/

EU REPORT: INCREASED MOMENTUM IN FDI REGULATION AND SCREENING

On 8 September, White & Case reported that the EU Commission had issued its second annual report under the Foreign Direct Investments Screening Regulation which covers the 2021 period and provides an overview of FDI trends and screening in the EU27, as well as emerging developments in national screening mechanismsThe reportsays that there is room for improvement in terms of best practices in Member States. 

https://www.whitecase.com/insight-alert/eu-releases-its-second-annual-fdi-report-showing-increased-momentum-fdi-regulation

LIECHTENSTEIN ASKS LEBANON TO HELP INVESTIGATE LEBANON’S CENTRAL BANKER

On 9 September, OCCRP reported that a judge in Liechtenstein is investigating money transfers between companies owned by Lebanon’s central bank governor Riad Salame and the brother of Lebanese Prime Minister Najib Mikati.   A request for mutual legal assistance had been sent to Lebanese authorities.

https://www.occrp.org/en/daily/16755-liechtenstein-asks-beirut-to-help-investigate-lebanon-s-central-banker

MONTENEGRO SEIZES ILLEGAL CIGARETTES WORTH $3 MILLION

On 9 September, OCCRP reported that Montenegrin authorities seized in the Port of Bar more than 5,000 packages of illegal tobacco products bound for Serbia.  It is reported that the illicit cigarettes belonged to the Serbia-registered company of a Montenegrin businessman.  It is said that the cigarettes were reportedly first loaded at Dubai’s Jebel Ali port in June, and the cigarettes then appeared in the Greek port of Piraeus in mid-July, where they were loaded onto a ship for despatch to the Port of Bar.

https://www.occrp.org/en/daily/16756-montenegro-seizes-illegal-cigarettes-worth-us-3-million

STEVE BANNON INDICTED OVER $15 MILLION OBTAINED FROM US POLITICAL DONORS UNDER A “WE BUILD THE WALL” CAMPAIGN

On 8 September, Jurist reported that the former strategist to former President Donald Trump had surrendered to authorities in New York.

https://www.jurist.org/news/2022/09/steve-bannon-indicted-in-new-york-on-financial-fraud-charges/

UK: MAN ARRESTED OVER ALLEGED LIBERIAN CIVIL WAR CRIMES

On 8 September, Police Professional reported that a  suspect in his forties was detailed in Newcastle.

https://www.policeprofessional.com/news/man-arrested-by-mps-over-alleged-liberian-civil-war-crimes/

INDIAN GOVERNMENT LOSING MILLIONS IN TAX REVENUE DUE TO NON-LICENSED OFFSHORE LOTTERIES

On 8 September, Asia Gaming Brief reported that an alarming increase in offshore lotteries is a major cause of concern for many Indian state governments as it causes revenue leakage from state coffers. Despite many stern measures taken by the state governments to prevent it, offshore lotteries remain largely prevalent.

https://agbrief.com/intelligence/deep-dive/08/09/2022/indian-government-losing-millions-in-tax-revenue-due-to-non-licensed-offshore-lotteries/

HOW THE CRYPTOCURRENCY COMMUNITY IS MAKING IT DIFFICULT FOR NORTH KOREAN HACKERS TO PROFIT

On 8 September, Chainalysis reported that it is estimated that so far in 2022, North Korea-linked groups have stolen approximately $1 billion of cryptocurrency from DeFi protocols.  However, with the help of law enforcement and leading organisations in the cryptocurrency industry, more than $30 million worth of cryptocurrency stolen by North Korean-linked hackers has been seized.  The article reports on this recovery from the Lazarus group theft.

https://blog.chainalysis.com/reports/axie-infinity-ronin-bridge-dprk-hack-seizure/

GERMANY LEADS THE EU IN IMPLEMENTING 15% GLOBAL MINIMUM TAX

On 8 September, the FACT Coalition reported that Germany has expressed its intention to move forward with a crucial piece of the OECD’s global tax agreement, introducing legislation to create a minimum corporate tax with or without the rest of the EU.

https://thefactcoalition.org/germany-leads-the-eu-in-implementing-15-global-minimum-tax/

FDIC/FinCEN DIGITAL IDENTITY TECH SPRINT – KEY TAKEAWAYS AND SOLUTION SUMMARIES

On 9 September, FinCEN provided an updated on the joint “Tech Sprint”, through which FDIC and FinCEN challenged teams to develop solutions to help measure the effectiveness of digital identity proofing — the first step in the creation and use of digital identity credentials.  Identity proofing is a process used to collect, validate, and verify information to establish that the identity is unique, exists in real world, and is bound to an individual. 

https://www.fincen.gov/news/news-releases/fdic-fincen-digital-identity-tech-sprint-key-takeaways-and-solution-summaries

US: GUAM FEDERAL COURT FINDS HANSEN HELICOPTERS AND ITS CEO GUILTY ON ALL 110 CHARGES RELATED TO CONSPIRACY; DEFRAUDING THE FAA AND THE NTSB; BRIBERY; AIRCRAFT PARTS FRAUD, CAUSING SERIOUS BODILY INJURY AND DEATH; FALSIFICATION OF AIRCRAFT REGISTRATION; EMPLOYING UNLICENSED MECHANICS AND PILOTS; WIRE FRAUD; AND MONEY LAUNDERING

On 9 September, AIN Online reported that the court had found the company and John D “Jon” Walker and that the government is seeking forfeiture of all of Hansen’s and Walker’s assets related to what it charged is $400 million worth of fraud tied to the convictions.  It is claimed that Walker used the illicit proceeds to fund off-road racing and acquire a fleet of personal aircraft.

https://www.ainonline.com/aviation-news/general-aviation/2022-09-09/hansen-helicopters-ceo-walker-guilty-all-counts

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OFAC SANCTIONS IRANIAN MINISTRY OF INTELLIGENCE AND MINISTER FOR MALIGN CYBER ACTIVITIES

On 9 September, the US Treasury advised that OFAC had designated the IRANIAN MINISTRY OF INTELLIGENCE AND SECURITY and its Minister, Esmail KHATIB.  The US Treasury says that since at least 2007, the Ministry (MOIS) and its cyber actor proxies have conducted malicious cyber operations targeting a range of government and private-sector organisations around the world and across various critical infrastructure sectors.  In July 2022, cyber threat actors assessed to be sponsored by the Government of Iran and MOIS disrupted Albanian government computer systems, forcing the government to suspend online public services for its citizens.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220909

https://home.treasury.gov/news/press-releases/jy0941

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EXTORTION IN THE NORTHERN TRIANGLE OF CENTRAL AMERICA: FOLLOWING THE MONEY

On 7 September, a report (available in English and Spanish) from Global Financial Integrity says that the proceeds from extortion in Guatemala, Honduras and El Salvador amount to more than $1.1 billion annually; and that an estimated 330,000 people in the Northern Triangle region of Central America fall victim to extortion each year.  The report assesses the value of this activity and seeks to better understand how the proceeds of extortion are used and laundered. It also considers whether AML/CFT strategies are being effectively utilised to combat extortion. 

https://gfintegrity.org/press-release/ganancias-por-extorsion-en-el-triangulo-norte-de-centroamerica-superan-us1-1-mil-millones-al-ano/

https://secureservercdn.net/166.62.106.54/34n.8bd.myftpupload.com/wp-content/uploads/2022/09/GFI-Extortion-Report-FINAL.pdf?time=1662724964

https://gfintegrity.org/press-release/extortion-payments-in-northern-triangle-amount-to-over-us1-billion-per-year-study-finds/

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CAMBODIA: SIHANOUKVILLE’S HUB STATUS FOR TRANSNATIONAL ORGANISED ENVIRONMENTAL CRIME

On 2 September, the Global Initiative Against Transnational Organised Crime published a report which explores Sihanoukville’s role in the global supply chain of illicit environmental commodities; and the emergence of new forms of criminality, including online scams.  It examines the attractiveness of Sihanoukville for criminal enterprise, the adaptability and changing nature of criminality, and the relative impunity that criminal enterprises enjoy.  It says that a deep seaport paired with a large Special Economic Zone (SEZ) enables international trade and the movement of goods with limited oversight.

https://globalinitiative.net/wp-content/uploads/2022/09/GI-TOC-report_Sihanoukville_For-upload.pdf

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NEW WEBSITE FOCUSED ON EXPORT CONTROL COMPLIANCE TOPICS

The James Martin Center for Nonproliferation Studies has launched a new website focused on export control compliance topics and containing introductory materials on trade controls including export controls, proliferation finance controls and sanctions.  It is said that the website will serve as a central hub for information on CNS research on trade controls and emerging technology proliferation.  The information already available includes an Introduction to Export Control; Trade Compliance in Universities and Research Institutes; and Proliferation Finance

https://www.tradecompliance.io/node/76

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‘FAILURE TO PREVENT’ FRAUD: THE FUTURE DIRECTION OF CORPORATE LIABILITY?

On 8 September, IFA Magazine carried an article posing this question and written by legal experts from the law firm Peters & Peters.  Reviewing the current situation in the UK, it asks  if making corporates potentially liable for failing to prevent fraud taking place within an organisation a viable option for legislators?

https://ifamagazine.com/article/failure-to-prevent-fraud-the-future-direction-of-corporate-liability-legal-expert-comment/

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US CONGRESS EXTENDS FRAUD STATUTES FOR COVID-19 ENFORCEMENT

On 9 September, an Alert from the Potomac Law Group reported that Congress had quietly passed 2 Bills which will have a significant impact on COVID-19 stimulus funding enforcement activities.  These new laws portend an extended period of government scrutiny for Covid-related loans, and extend the statute of limitations to 10 years for “any criminal charge or civil enforcement action” alleging fraud related to the Paycheck Protection Program (PPP) or the Economic Injury Disaster Loan (EIDL) program.

https://www.potomaclaw.com/news-Congress-Extends-Fraud-Statutes-for-COVID-19-Enforcement

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