Day: September 21, 2022

On 21 September, the Mail Online reported that a judge had sentenced former Honduran First Lady Rosa Elena Bonilla de Lobo to 14 years in prison on corruption charges, the second time Bonilla had been sentenced.  The first time Bonilla was convicted and sentenced to 58 years in prison, but the conviction was tossed out due to inconsistencies in the process.  She was re-tried in March and convicted of fraud and embezzlement.

https://www.dailymail.co.uk/wires/ap/article-11236771/Ex-Honduras-lady-sentenced-prison-embezzlement.html

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On 21 September, EurActiv reported that the International Criminal Court and Europe’s judicial arm has issued a set of guidelines to help civil society workers record international atrocities including war crimes and crimes against humanity, specifically in Ukraine.   The guidelines give practical tips, including how to take statements from witnesses and how to store information for later use in ICC prosecutions.

https://www.euractiv.com/section/global-europe/news/war-crimes-evidence-guide-unveiled-in-nod-to-ukraine/

https://www.icc-cpi.int/news/icc-prosecutor-and-eurojust-launch-practical-guidelines-documenting-and-preserving-information

https://www.icc-cpi.int/sites/default/files/2022-09/2_Eurojust_ICC_CSOs_Guidelines_2-EN.pdf

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On 20 September, the Global Initiative Against Transnational Organised Crime has published this report, saying that for several decades, crime typology reports have been successfully applied in the financial industry to assist bank analysts and law enforcement agencies with recognising incidences of money laundering and terror financing.  Research analysed common characteristics among social media posts advertising exotic pets and illegal wildlife parts to determine if typologies could be developed to assist law enforcement, tech firms, the financial industry and other civil society organisations in detecting and tackling wildlife trade offenders in the online sphere and specifically on social media platforms.

https://globalinitiative.net/wp-content/uploads/2022/09/MMFU-ExpandingTheArsenal-web-v4.pdf

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On 21 September, OCCRP reported that the police were searching for evidence of alleged tax evasion and money laundering.  The properties are on the shore of Lake Tegernsee in southern Bavaria.

https://www.occrp.org/en/asset-tracker/german-police-raid-residence-of-russian-oligarch-alisher-usmanov-tax-evasion-and-money-laundering-suspected

https://www.theguardian.com/business/2022/sep/21/german-police-raid-villa-linked-to-russian-oligarch-alisher-usmanov

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EU Regulation 2022/1624/EU on 20 September amended the current EU sanctions regime following the UN Security Council having adopted Resolution 2648 (2022), which extends the measures and amends the exceptions to the arms embargo.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.244.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A244%3ATOC

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.L_.2022.244.01.0017.01.ENG&toc=OJ:L:2022:244:TOC

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On 21 September, OFSI advised that it has updated its guidance adding 3 new questions. Questions 24 to 26 further clarify how to use the food security licensing provision in the relevant regulations, particularly with regard to providing insurance.  

https://www.gov.uk/government/publications/financial-sanctions-faqs

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On 21 September, the Malay Mail reported on the 2020 NRA, saying that it has identified 5 types of major crimes that contribute to the high threat of money laundering activities in Malaysia.  The 5 are fraud, including fraud in an illegal investment scheme; trafficking of illicit drugs; corruption and smuggling offences; customs and excise duty evasion; and organised crime.

https://www.malaymail.com/news/malaysia/2022/09/21/2020-national-risk-assessment-report-five-types-of-crimes-contribute-to-high-threat-of-money-laundering-activities/29386

https://www.bnm.gov.my/documents/20124/6458991/ar2021_en_wb5.pdf

https://amlcft.bnm.gov.my/documents/6312201/6322748/BNM+%5BNRA2020%5D+Assessment+Report.pdf

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On 21 September, the Times of Israel reported that Russian-Israeli billionaire businessman Lev Leviev had arrived in Israel in order to be questioned by police regarding the diamond-smuggling case in which he is a suspect.  Police suspect a company, LLD Diamonds, used couriers to smuggle diamonds into Israel via Ben Gurion International Airport for 16 years.  When police began investigating the scheme, several senior officials at the company were arrested, including the billionaire’s son and former CEO of LLD.

https://www.haaretz.com/israel-news/2022-09-21/ty-article/.premium/billionaire-lev-leviev-accused-of-diamond-smuggling-to-be-questioned-by-israeli-police/00000183-5f39-d533-a3b3-dffd7b9c0000

https://www.timesofisrael.com/diamond-tycoon-lev-leviev-to-be-questioned-in-smuggling-case-after-landing-in-israel/

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On 20 September, the Minnesota reformer reported that federal criminal charges were filed against 47 people in Minnesota who allegedly participated in a $250 million scheme to exploit a federal child nutrition program during the pandemic.  It is alleged that the defendants falsely claimed to serve more than 125 million meals, with some claiming they served up to 6,000 meals to needy children per day.

https://minnesotareformer.com/2022/09/20/feds-charge-47-in-250-million-feeding-our-future-fraud/

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On 25 March, the Transnational Law Blog published a useful primer which looks first at extraterritorial regulation under customary international law and then at the US approach to extraterritoriality.

https://tlblog.org/a-primer-on-extraterritoriality/

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