THINGS YOU MAY HAVE MISSED – NOVEMBER 28

Panama Covid-19 update – Independence Day (from Spain in 1821), with tomorrow also a Public Holiday…

Menawhile, as one waits with bated breath to see what effects the new Omnicron variant will have and when (or if) it is discovered here, the number of active cases has risen again, by 33 to 2,693 (possible the after-effects of the holiday week at the start of the month?), with 208 new cases and 1 new fatality reported today. There are 21 patients in ICU and 97 in other wards.

28 NOVEMBER 2021

MACAU ARRESTS 11 PEOPLE FOR ALLEGED ILLEGAL GAMBLING AND MONEY LAUNDERING

On 28 November, Saltwire in Canada reported that Macau police have arrested 11 people in an investigation into an illegal gambling and money laundering syndicate.  Other sources allege that one of the arrested is Macau’s best-known junket mogul, Alvin Chau Cheok Wa – the founder and CEO of Suncity, one of Macao’s major casino junket operators. 

https://www.saltwire.com/nova-scotia/news/macau-arrests-11-people-for-alleged-illegal-gambling-and-money-laundering-100663764/

https://macaonews.org/gaming/suncity-ceo-alvin-chau-and-10-others-arrested-for-alleged-involvement-in-organised-crime-illegal-gambling-and-money-laundering/

CROATIA’S SOCCER SUPERSTAR, THE FORMER BOSS … AND A SPORT DOGGED BY SCANDAL

On 28 November, The Observer carried an article featuring corruption allegations and Zdravko Mamić, once the most powerful figure in Croatian football, who fled to Bosnia-Herzogovina on the eve of his conviction for fraud 3 years ago. 

https://www.theguardian.com/world/2021/nov/28/croatias-soccer-superstar-the-former-boss-and-a-sport-dogged-by-scandal

BVI LEADER PUSHES BACK ON UK CORRUPTION PROBE

On 27 November, Politico reported that the premier of the BVI is pushing back against allegations of deep-seated corruption in the Caribbean territory even before an official inquiry has finished its work – with a report expected in January.  It began after ex-BVI Governor Augustus Jaspert went public with accusations ranging from mismanagement and graft to organized crime and cocaine trafficking with the participation of senior officials.

https://www.politico.eu/article/british-virgin-islands-leader-pushes-back-on-uk-corruption-probe

INTERPOL HAS ELECTED A TOP CHINESE PUBLIC SECURITY OFFICIAL TO ITS EXECUTIVE COMMITTEE IN THE FACE OF WIDESPREAD CRITICISM

On 26 November, RFA reported that Interpol had elected ministry of public security official Hu Binchen serve for a 4-year term on the committee, although the Chinese Communist Party (CCP) has been known to abuse the Interpol “red notice” arrest warrant system to track down peaceful critics of the regime.

https://www.rfa.org/english/news/china/interpol-election-11262021104543.html

8 PEOPLE CHARGED AFTER PROBE INTO CORRUPTION AROUND SCOTTISH NHS CONTRACTS WORTH MILLIONS

On 27 November, the Daily Record reported that a major investigation into corruption around multimillion-pound NHS contracts in Scotland has resulted in 8 people – including senior health board figures – being charged.  Former IT and communications chiefs and Irvine-based telecoms company Oricom are said to be involved.

https://www.dailyrecord.co.uk/news/scottish-news/eight-people-charged-after-probe-25553697

AUSTRALIA: COMPANY WORTH JUST $8 WHEN AWARDED $385 MILLION NAURU OFFSHORE PROCESSING CONTRACT

On 25 November, the Guardian reported that a Brisbane construction company had only $8 in assets and had not started trading when it was awarded a government contract – ultimately worth $1.6 billion – to run Australia’s offshore migrant processing on Nauru.  It has been revealed that while KPMG undertook a pre-contract assessment of Canstruct International Pty Ltd, the government has since confirmed the assessment was actually undertaken on another company, Canstruct Pty Ltd.

https://www.theguardian.com/australia-news/2021/nov/26/brisbane-company-worth-just-8-when-awarded-385m-nauru-offshore-processing-contract

AUSTRALIA: $1 BILLION AND COUNTING – POKER MACHINE CRIME

On 28 November, an article from The Age said that state and federal authorities have evidence New South Wales’ 95,000 poker machines are being used as laundering machines for illicit cash that is “easily in the hundreds of millions” of dollars, with allegations that, nationwide, more than $1 billion from the proceeds of crime is likely being cleansed through pubs and clubs with gaming machines.  It reports on a syndicate effectively commandeering the pokies venue to launder tens of thousands of dollars, with a large number of people apparently involved in the co-ordinated scheme.  It also says that, since January 2018, only 5.5% of NSW venues with electronic gaming machines have submitted a STR to money laundering agency Austrac, despite evidence and intelligence suggesting the problem involves many more venues.

https://www.theage.com.au/national/1-billion-and-counting-investigator-reveals-size-of-poker-machine-crime-20211125-p59c0e.html

1 IN 6 VLCC HAS CARRIED IRANIAN OR VENEZUELAN OIL OVER THE PAST 2 YEARS

On 26 November, Insurance Marine News reported that, of the 853 very large crude carriers (VLCC) currently afloat, 141 have been involved in Iranian and/or Venezuelan oil trades during the past 2 years.  It also said that many ageing tankers had moved into sanctioned Iranian and/or Venezuelan trade during the pandemic.

https://insurancemarinenews.com/insurance-marine-news/one-in-six-vlccs-has-carried-iranian-or-venezuelan-oil-over-the-past-two-years/

https://www.visualcapitalist.com/rare-earth-elements-where-in-the-world-are-they

HONDURANS VOTES FOR NEW PRESIDENT, AS CURRENT ONE FACES EXTRADITION

On 28 November, The Week reported that the election could remove the governing National Party from office for the first time since it took power in a 2009 military coup.  The leader in the polls is the wife of the man ousted in 2009, the National party candidate has been hit by allegations of embezzlement whilst a major, and the third candidate only returned to the country in 2020 after serving a jail sentence in the US for money laundering.  Current President Juan Orlando Hernández has been accused by US prosecutors of funding his campaigns with drug money and could be extradited to the US if his party loses power.

https://theweek.com/world/1007506/threat-of-violence-looms-as-hondurans-vote-for-new-president-and-incumbent-faces

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OTHER THINGS YOU MAY HAVE MISSED – NOVEMBER 27

Panama Covid-19 update – as Europe (and the US) worries over the new Covid variant; the number of active cases here has fallen by 4 to 2,660, with 210 new cases and 1 new fatality reported today. 23 patients are in ICU and 93 in other wards.

27 NOVEMBER 2021

ROTTERDAM AND THE COCAINE CONNECTION

A BBC Radio documentary about drugs smuggling through the port of Rotterdam, saying that European North Sea coast has overtaken Spain as the primary entry point for South American cocaine, bringing with it violence and corruption.  With gangs of “collectors” (some of whom “living” in empty containers, sent to break into containers and recover the drugs.  One such gang got stuck in their container and had to phone the police to be rescued!

CCTV image of “collectors”

https://www.bbc.co.uk/programmes/m0011s0k

6 PERSONS ARRESTED INCLUDING A DOCTOR FOR CODEINE SMUGGLING TO BANGLADESH

On 27 November, Devdiscourse reported raids in Barrackpore and arrest of 6 people, who are allegedly part of a syndicate involved in smuggling Codeine syrup, much preferred by drug addicts looking for a quick high, across the Indo-Bangladesh border.  It involved Codeine-Based Cough Syrup (CBCS), aka `Lean’ and `Sizzurp’. 

https://www.devdiscourse.com/article/law-order/1824563-6-persons-arrested-including-a-doctor-for-codeine-smuggling-to-bangladesh

BREXIT: CERTAIN PRODUCTS OF ANIMAL ORIGIN CAN CONTINUE TO BE IMPORTED FROM THE EU FROM 1 JANUARY TO 30 JUNE

BIFA reported that the UK Border Operating Model has confirmed that the grace period for Prohibitions and Restrictions (P&Rs) on certain Products of Animal Origin (POAO) imports will continue.  Therefore, imports of chilled minced meat (beef, pork, lamb, mutton and goat); chilled and frozen minced poultry meat; mechanical separated meat from porcine, poultry and ratite or game birds; ungraded eggs; and chilled meat preparations can be imported, despite the implementation of much of the deferred customs controls from 1 January.

https://www.bifa.org/news/articles/2021/nov/imports-of-prohibited-and-restricted-products-from-the-european-union?l=y

TURKEY DETAINS 27 TAIWANESE IN RAID ON ALLEGED FRAUD RING

On 27 November, the Taiwan News reported that Turkish police had detained 27 suspects from Taiwan in an operation to crack down on alleged fraud in the resort town of Bodrum.  This is said to be in connection with a network involved in people smuggling and online fraud.  The Taiwanese had rented a villa in Bodrum.

https://www.taiwannews.com.tw/en/news/4358130

eATA CARNET: NEW INITIATIVE TO HELP SMALL- AND MEDIUM-SIZED ATA CARNET ISSUING AND GUARANTEEING ASSOCIATIONS GO DIGITAL

The International Chamber of Commerce has announced that the ICC ATA Gateway project aims to develop an ATA Carnet light issuing module for ATA Chain members who do not have their own issuing tools.   It is part of a plan to digitise the ATA Carnet (a sort of passport for temporary import of goods) and its procedures. With the support of the World Customs Organisation, ICC has already developed an ATA Carnet System, a centralised digital resource laying the cornerstone for the digitisation of the international customs document. 

https://iccwbo.org/media-wall/news-speeches/introducing-icc-ata-gateway-your-easy-solution-to-eata/

https://iccwbo.org/resources-for-business/ata-carnet/e-ata-carnet-project/

RUSSIA APPROVES RADICAL NEW ANTI-COUNTERFEITING PLANS

On 25 November, an article from Gowling WLG said that the Russian Federation’s Prime Minister has approved new measures to prevent the illicit trafficking of counterfeit goods, which will be effective until 2025, and which is expected to have a wide-ranging effect beyond Russia’s borders.

https://gowlingwlg.com/en/insights-resources/articles/2021/russia-approves-new-anti-counterfeiting-plan/

IRISH CHAPTER OF THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO GAMBLING 2022

On 25 November, Irish law firm McCann Fitzgerald published the chapter on the Irish gambling framework, including relevant authorities and legislation, application for a licence and licence restrictions.

https://www.mccannfitzgerald.com/uploads/International_Comparative_Legal_Guide_-_Gambling_2022.pdf

US COAST GUARD’S COUNTER-MARITIME DRUG TRAFFICKING MISSION AND THE EXTRATERRITORIAL JURISDICTION

On 8 November, an article from the Center for International Maritime Security provided an overview of the US Coast Guard’s counter-maritime drug trafficking mission and analysed the extraterritorial jurisdiction created by the Maritime Drug Law Enforcement Act.  A second part on 22 November discussed the prolonged detention of suspected smugglers aboard Coast Guard cutters and the interaction between intelligence gathering and the trial penalty during prosecution.

https://cimsec.org/pushing-or-overstepping-legal-boundaries-in-the-fight-against-maritime-drug-smuggling-pt-1/

https://cimsec.org/pushing-or-overstepping-legal-boundaries-in-the-fight-against-maritime-drug-smuggling-pt-2/

YORKSHIRE FRAUDSTER KNOWN AS ‘BRADFORD TONY’ ORDERED TO REPAY MORE THAN £1 MILLION FROM MONEY LAUNDERING SCHEME

On 26 November, the Yorkshire Post reported that Anthony Davey, 50, a resident in Filey, was ordered to repay the money under POCA 2002, which he obtained through various mortgage frauds and money laundering offences committed in West Yorkshire.

https://www.yorkshirepost.co.uk/news/crime/yorkshire-fraudster-known-as-bradford-tony-ordered-to-repay-more-than-ps1m-from-money-laundering-scheme-3472300

INSIDE THE MANHATTAN DA’S ANTIQUITIES TRAFFICKING UNIT

On 23 November, an article in The Atlantic looks at the work of the Unit and Matthew Bogdanos, the 64-year-old prosecutor and chief of the Antiquities Trafficking Unit. The only one of its kind in the world, his squad of prosecutors, criminal investigators, and art specialists polices the loftiest reaches of New York’s art market — a genteel club of museums, collectors, and auction houses that buy and sell the relics of ancient civilizations.

https://www.theatlantic.com/magazine/archive/2021/12/bogdanos-antiquities-new-york/620525/

UK: TICKET TOUTS LOSE FRAUD CONVICTION APPEAL

On 26 November, the Guardian reported that 2 ticket touts who made at least £11 million using websites such as StubHub and Viagogo to sell seats at gigs by artists including Ed Sheeran have had their appeals against a conviction for multiple counts of fraud dismissed.  It is said to be a landmark verdict that could have significant ramifications for the practice of ticket touting.  They had used “dishonest and fraudulent tactics” to purchase multiple tickets from primary ticket sellers such as Ticketmaster, Eventim and AXS, elbowing out genuine fans trying to buy tickets, then listing those tickets for sale to consumers at inflated prices.

https://www.theguardian.com/money/2021/nov/26/ticket-touts-bzz-lose-conviction

MALTA: POLICE BUST LIBYAN TAX EVASION RACKET AT AIRPORT

On 27 November, the Times of Malta reported that a group of Libyan nationals suspected of illegally moving millions of euro through the airport are to be charged with money laundering and tax evasion.  It is said to involve around a cluster of some 5 Malta-registered companies which the group controls.

https://timesofmalta.com/articles/view/police-bust-libyan-tax-evasion-racket.917662

FRAUD PROBE INTO BIRMINGHAM BUSINESSMAN WHO FLED TO PAKISTAN HALTED AFTER 15 YEARS

On 27 November, Birmingham Live reported that Nisar Afzal – accused of being a fraudster implicated in a £49 million mortgage scam – is no longer being pursued over the claims, marking a dramatic end to a 15-year pursuit.  Arrest warrants and restraint orders against him have been cancelled at the request of the SFO.

https://www.birminghammail.co.uk/news/midlands-news/fraud-probe-brummie-businessman-who-22253240

UK UPDATES CHARITY SECTOR SANCTIONS GUIDANCE

On 25 November, KPMG reported that on 1 November, OFSI published an updated Charity Sector Guidance and a blog post in response to Afghanistan’s Taliban takeover in August. 

https://www.globalcompliancenews.com/2021/11/25/uk-ofsi-updates-charity-sector-guidance051121/

UKRAINE: NEW SANCTIONS

On 24 November, KPMG reported that Ukraine had advised a new set of sanctions imposing restrictions including, among other things, asset freezes, restriction on the exit of capital from Ukraine, a ban on trade operations and the transit of resources, flights and transportation within the territory of Ukraine, and the suspension of the performance of economic and financial obligations, etc.  Those targeted include entities in the shipbuilding sector in Crimea; airlines Camus Air, UM Air and Khors Air; a Russian supermarket chain now operating on (former) Ukraine territory; those involve in cyber attacks and elections to the Russian Duma from the occupied territories; and domain registry re.ru.

On 28 October, Ukraine had also imposed sanctions on a number of persons linked to the Houthi in Yemen.

https://www.globalcompliancenews.com/2021/11/24/ukraine-imposes-a-new-set-of-sanctions111121/

A ONE-WAY RACHET: FATF REGULATION OF CRYPTOCURRENCY AND DECENTRALISED FINANCE

On 23 November, an article from King & Spalding explains that FATF has updated its 2019 “Guidance for a Risk-based Approach for Virtual Assets and Virtual Asset Service Providers”The article identifies the key updates.

https://www.kslaw.com/news-and-insights/a-one-way-rachet-fatf-regulation-of-cryptocurrency-and-decentralized-finance

GLOBAL COMMODITY TRADERS ARE FUELLING LAND CONFLICTS IN BRAZIL’S CERRADO

On 23 November, Global Witness reported that traditional pastoralist communities have been sustainably managing land in Brazil’s Cerrado for centuries, but now powerful agricultural producers seek to forcibly evict them in order to continue growing environmentally damaging cash crops monocultures like soy and cotton.  It says that its investigation reveals that global commodity traders ADM, Bunge and Cargill are dealing in conflict-tainted soy sourced from these producers, and in doing so are contributing to this land conflict and alleged human rights abuses, in violation of their responsibilities under UN and OECD human rights standards. 

https://www.globalwitness.org/en/campaigns/environmental-activists/global-commodity-traders-are-fuelling-land-conflicts-in-brazils-cerrado/

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US ADDS 27 TO ENTITY LIST IMPOSING EXPORT RESTRICTIONS

On 24 November, the US Commerce Department’s Bureau of Industry and Security (BIS) has added 27 entities to the Entity List for illegally selling technology to China, North Korea and other sanctioned countries, for supporting China’s military modernisation efforts or for contributing to Pakistan’s nuclear and missile programmes.  Included are 12 Chinese concerns. 

https://www.indiablooms.com/world-details/SA/32312/us-blacklists-27-entities-including-12-in-china-over-national-security-concerns.html

https://www.commerce.gov/news/press-releases/2021/11/commerce-lists-entities-involved-support-prc-military-quantum-computing

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TRAFFICKING OF HUMAN BEINGS FOR THE PURPOSE OF ORGAN REMOVAL IN NORTH AND WEST AFRICA

On 25 November, ENACT Africa produced a report which provides insight and analysis to enable law enforcement agencies in North and West Africa to devise appropriate responses to the threat.  Trafficking in human beings for organ removal (THBOR) is driven largely by the global shortage in organs for ethical transplant.

https://enact-africa.s3.amazonaws.com/site/uploads/2021-10-04-interpol-organ-removal.pdf

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OECD: COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS – AMENDED RECOMMENDATION

On 25 November, a proposal of the OECD Working Group on Bribery in International Business Transactions had been accepted and a Recommendation dating from 2009 had been amended.  The Recommendation on combating bribery of foreign public officials in international business transactions is replaced.  The new version seeks to update and expand upon the 2009 Anti-Bribery Recommendation with a view to further supporting the full implementation of the Anti-Bribery Convention by reflecting recent trends and challenges in the foreign bribery field, to ensure that it remains relevant and effective.  New sections have been included on key topics that have emerged or significantly evolved in the anti-corruption area since 2009, in particular: 

  • Addressing the Demand Side of Foreign Bribery Cases;
  • Sanctions and Confiscation;
  • Non-Trial Resolutions;
  • International Co-operation;
  • Protection of Reporting Persons;
  • Incentives for Compliance; and
  • Data Protection.

The draft revised Recommendation also updates or broadens the scope of provisions on pre-existing topics, including enforcement as well as awareness raising, training and guidance.

https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0378

 

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COMPONENTS FROM US, ASIA, THE MIDDLE EAST, AND EU IN RUSSIAN DRONES

A report from Conflict Armament Research contains a case study which looks at 6 different Russian-manufactured military unmanned aerial vehicles (UAV – commonly called ‘drones’) that CAR documented in Ukraine.  CAR’s investigations found that the Russian military industry has been obtaining key components for these UAV – such as GPS modules, electronic parts, cameras, and engines – from the US, Asia, the Middle East, and EU, both before and after the start of the conflict in Ukraine in 2014, and despite an EU arms embargo on Russia.

https://storymaps.arcgis.com/stories/b9b6bca72ee54b0a9c5f683708248b32

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ARGENTINA: FORMER PRESIDENT CRISTINA FERNANDES DE KIRSNER AND HER CHILDREN ACQUITTED OF MONEY LAUNDERING CHARGES

Athina 984 reported on 27 November that former Argentine President and current Vice-President Cristina Fernandes de Kirsner, as well as her 2 children, Florence and Maximo, have been acquitted of charges of corruption and money laundering involving the family real estate business. 

https://www.athina984.gr/en/2021/11/27/argentini-apallachthikan-apo-katigories-gia-xeplyma-chrimatos-poy-antimetopizan-i-proin-proedros-kristina-fernantes-de-kirsner-kai-ta-paidia-tis/

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IRANIAN BANKS WIN IN DISPUTE OVER SANCTIONS ENFORCEMENT

On 26 November, the Washington Post reported that an arbitration panel has ruled in favour of 2 Iranian banks in a financial dispute over the 2015 closing of a Bahraini financial institution accused of helping Iran skirt US and UN economic sanctions.  A Hague-based tribunal ordered the government of Bahrain to pay more than $270 million in compensation for losses and legal fees stemming from its decision to close Future Bank.  Future Bank was established in Bahrain in 2004 with the backing of Bank Melli and Bank Saderat, 2 of Iran’s largest financial institutions. 

https://www.washingtonpost.com/national-security/bahrain-iran-future-bank/2021/11/26/0a1d1b3a-4cad-11ec-b0b0-766bbbe79347_story.html

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OTHER THINGS YOU MAY HAVE MISSED- NOVEMBER 26

Panama Covid-19 update – so far, Panama has not announced the same travel restrictions that have been introduced by the UK and EU. But then there are no direct, and few (I would have thought) indirect links – though there are South Africans living in the country.

Meanwhile, no new fatalities today and the number of active cases increased by only 1, to 2,664. However, there were 223 new cases reported, with increases in numbers in hospital – 25 in ICU and 105 in other wards.

26 NOVEMBER 2021

REMITTANCES HAVE CUSHIONED THE IMPACT OF COVID-19 IN POOR COUNTRIES

On 25 November, The Economist reported that, even though migration slowed in the past year, payments home surged.

https://www.economist.com/graphic-detail/2021/11/25/remittances-have-cushioned-the-impact-of-covid-19-in-poor-countries

US MANUFACTURERS RACE TO RELIEVE A PANDEMIC-TRIGGERED AMMUNIION SHORTAGE

In its 27 November edition, The Economist is reporting that 2 companies meet the bulk of US demand for ammunition, and chiefly through 2 long-established brands. Remington and Winchester Ammunition, and that soaring demand for guns and ammunition comes from a range of demographic groups.

https://www.economist.com/business/2021/11/27/american-bullet-manufacturers-race-to-relieve-a-pandemic-triggered-ammo-shortage

PERU’S CHIEF OF STAFF STASHED $20,000 IN PALACE BATHROOM

On 26 November, the Panatimes reported that prosecutors in Peru have found $20,000 stashed in a bathroom inside the presidential palace after they raided the palace on Friday as part of an investigation into allegations of influence peddling.  Bruno Pacheco, who has resigned, said that the stash was a combination of his savings and salary.

https://panatimes.com/peru-s-chief-of-staff-stashed-20-000-in-palace-bathroom

AFTER A YEAR OF SILENCE, ARE EU CYBER SANCTIONS DEAD?

On 26 October, an article on Lawfare posed this question, saying that a year ago the EU imposed its second, and so far last, cyber sanctions package in response to malicious cyber activities that constitute an external threat to the EU or its Member States.  To date, only 8 individuals and 4 organisations have been sanctioned for various campaigns; whereas the US has listed including 13 individuals and 19 entities in 2021 alone. 

https://www.lawfareblog.com/after-year-silence-are-eu-cyber-sanctions-dead

COURT IMPOSES LIMITS ON THE EXTRATERRITORIAL REACH OF THE FCPA AND THE MONEY LAUNDERING CONTROL ACT 

On 24 November, an article from Lowenstein & Sandler LLP said that the US District Court for the Southern District of Texas dismissed a 3-count indictment against Daisy Rafoi-Bleuler, a Swiss citizen residing in Zurich.  The decision is said to demonstrate limits to the DoJ expansive interpretation of its own jurisdiction over foreign nationals in white collar criminal cases, and it raises the spectre of future due process constitutional challenges to prosecutions of so-called “agents” in corruption and money laundering cases.

https://www.lowenstein.com/news-insights/publications/client-alerts/district-court-imposes-limits-on-the-extraterritorial-reach-of-the-fcpa-and-the-money-laundering-control-act-white-collar

WHAT TO DO WHEN THE NCA REFUSES YOUR APPLICATION FOR A DEFENCE AGAINST MONEY LAUNDERING (DAML)

On 25 November, an article from Jonathan Bray Ltd covers the situation when someone has submitted a DAML, answered further questions during the 7-day window, but then no more is heard – and the client is asking questions.  What happens if you still hear nothing?  It ends by saying that, whatever you do, make sure that you accurately record a detailed audit trail of your decision-making – warning that, if it isn’t recorded, it didn’t happen.

https://www.jonathonbray.com/what-to-do-when-the-nca-refuses-your-application-for-a-defence-against-money-laundering-daml/

DO THE FCPA, UK BRIBERY ACT, FRENCH OR GERMAN CRIMINAL CODES MAKE A COMPANY LIABLE FOR THE ACTS OF MY SUBSIDIARIES AND EMPLOYEES?

On 23 November, an article from Reed Smith LLP explains the differing ways that the FCPA, UK Bribery Act, French and German criminal codes understand the liability of a company for the actions of its subsidiaries and employees.  The article is the third of series of alerts from the firm.

https://www.reedsmith.com/en/perspectives/2021/11/do-the-fcpa-uk-bribery-act

HUMAN TRAFFICKERS GROUNDED IN 29-COUNTRY SWEEP OF EUROPEAN AIRPORTS AND ROADS

On 26 November, a news release from Europol advised that, between 8 and 12 November, Europol supported large-scale international action against trafficking in human beings. 29 countries, led by Austria and Romania, took part in the action days, which were coordinated by Europol and Frontex. The activities saw more than 14,000 law enforcement officers target trafficking routes on roads and at airports. This resulted in 212 arrests and the identification of a further 89 trafficking suspects.

https://www.europol.europa.eu/newsroom/news/human-traffickers-grounded-in-29-country-sweep-of-european-airports-and-roads

SMALL-SCALE CHEMICAL AND BIOLOGICAL PRODUCTION: CURRENT THREATS AND FUTURE TRAJECTORIES

On 23 November, an Occasional Paper from RUSI says that chemical and biological weapons do not come out of nowhere. They are designed, developed and produced for specific purposes.  The Paper analyses 2 central questions and makes policy recommendations to address the overall problem –

  • it assesses what resources are required for small-scale chemical and biological weapons (CBW) production; and
  • considers scientific and technical trends, and their impact on potential small-scale CBW production efforts.

https://static.rusi.org/276-OP-Chem-Bio-Production-Final-Web_0.pdf

GIBRALTAR’S NEW STATUTORY FRAMEWORK FOR LIMITED PARTNERSHIPS AND PROTECTED CELL PARTNERSHIPS IS COMMENCED

A news release from Gibraltar on 26 November advised that the Limited Partnerships Act and the Protected Cell Limited Partnerships Act have now been commenced. 

https://www.gibraltar.gov.gi/press-releases/gibraltars-new-statutory-framework-for-limited-partnerships-and-protected-cell-partnerships-is-commenced-8782021-7471

MORE THAN 1,000 ARRESTS AND $27 MILLION INTERCEPTED IN MASSIVE FINANCIAL CRIME CRACKDOWN

A news release from Interpol on 26 November advised that over 4 months from June to September 2021, Operation HAECHI-II brought together specialised police units from 20 countries, as well as from Hong Kong and Macao, to target specific types of online fraud, such as romance scams, investment fraud and money laundering associated with illegal online gambling.  In total, the operation resulted in the arrest of 1,003 individuals and allowed investigators to close 1,660 cases. In addition, 2,350 bank accounts linked to the illicit proceeds of online financial crime were blocked. More than 50 INTERPOL notices were published based on information relating to the operation and 10 new criminal modus operandi were identified.

https://www.interpol.int/News-and-Events/News/2021/More-than-1-000-arrests-and-USD-27-million-intercepted-in-massive-financial-crime-crackdown

END OF THE ROAD FOR ROMANIAN CRIMINALS TARGETING CARGO TRANSPORTS

On 26 November, a news release from Europol advised that an organised criminal group involving 30 Romanian nationals has been apprehended following an operation conducted by law enforcement authorities in France, Germany and Romania, supported by Europol and Eurojust.  The group is suspected of thefts targeting cargo transport rest areas along main road haulage routes between Romania, France and Germany.  The group – which was engaged in legitimate road haulage as cover – mainly targeted cargo shipments of alcohol and small electronics, stealing goods worth an estimated €2.5 million.

https://www.europol.europa.eu/newsroom/news/end-of-road-for-romanian-criminals-targeting-cargo-transports

UK: FIREARMS – IMPORTATION SENTENCING GUIDELINES PUBLISHED

On 24 November, the Sentencing Council reported that it  has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation.  The guideline covers importation of firearms and ammunition under 2 Customs and Excise Management Act 1979 (CEMA) offences – improper importation of goods and fraudulent evasion of prohibition/restriction. It applies to adult offenders sentenced in magistrates’ court or the Crown Court on or after 1 January.

https://www.sentencingcouncil.org.uk/news/item/firearms-importation-sentencing-guidelines-published/

REGULATORY APPROACH TO ESG ACROSS THE CROWN DEPENDENCIES

On 25 November, an article from Appleby considers the position in Jersey, Guernsey and the Isle of Man.

https://www.applebyglobal.com/publications/regulatory-approach-to-esg-across-the-crown-dependencies/

THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO GAMBLING 2022 – ISLE OF MAN CHAPTER

On 25 November, Appleby published the chapter of the 2022 guide which covers the situation in the Isle of Man – including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement, liability and anticipated reforms.

https://www.applebyglobal.com/publications/the-international-comparative-legal-guide-to-gambling-2022-isle-of-man-chapter/

DANISH FORCES KILL 4 PIRATES OFF NIGERIA

On 26 November, Hellenic Shipping News reported that a Danish naval patrol has killed 4 pirates in an exchange of fire in the Gulf of Guinea off the coast of Nigeria.  A frigate had been patrolling the area since early November, and had attempted to board the pirate boat.

https://www.hellenicshippingnews.com/danish-forces-kill-four-pirates-off-nigeria-navy/

On 26 November, the New Indian Express reported that the Income Tax Department had carried out inspections at the office to 3 mainstream producers of the Malayalam film industry.  A spokesman is quoted as saying that, as the film industry often attracts investments especially from abroad, we carry out such inspections on a regular basis… often film industry is used for laundering of money.

https://www.newindianexpress.com/states/kerala/2021/nov/26/it-sleuths-raid-premises-of-three-successful-mollywood-producers-official-hints-at-industrys-links-to-money-laundering-2388485.html

FCA TO PAY EXPERTS OVER $600,000 TO COMBAT CRYPTO CRIME

On 23 November, BTC Manager reported that the FCA in the UK is looking to hire Experts that would help monitor cryptocurrency transactions for money laundering, and other illicit activities. 

https://btcmanager.com/fca-experts-600000-combat-crypto-crime/

CHINA: FORMER EDITOR AT STATE-RUN NEWSPAPER GETS 13 YEARS FOR BRIBERY

On 24 November, Caixin Global reported that Ding Ting, a former editor of the Party’s official newspaper, the People’s Daily, has been sentenced to 13 years in prison for accepting and offering bribes.

https://www.caixinglobal.com/2021-11-24/former-editor-at-state-run-newspaper-gets-13-years-for-bribery-101809572.html

SWITZERLAND RETURNS LOOTED RELICS TO SYRIAN AUTHORITIES

On 24 November, Swissinfo reported that 3 rare artefacts that were looted from Syria’s ancient city of Palmyra and stored at the Geneva freeport have been returned to Syrian authorities.  The items, together with others from Yemen and Libya, had been confiscated by the Office of the Attorney General of Geneva in 2016, after arriving illegally in Switzerland between 2009-2010 and discovered during a routine inspection by Swiss customs in 2013.

https://www.swissinfo.ch/eng/switzerland-returns-looted-palmyra-relics-to-syria/47136184

OFFICE OF FOOTBALL AGENT JORGE MENDES SEARCHED AGAIN IN MONEY LAUNDERING INVESTIGATION

On 24 November, the Guardian reported that officers from Portugal’s tax and customs authority conducted more than 20 searches in connection with its investigation into tax evasion and money laundering at top-flight clubs, as well as the super-agent Jorge Mendes.

https://www.theguardian.com/football/2021/nov/24/agent-jorge-mendes-office-searched-again-in-money-laundering-investigation

NORTH KOREA REELS IN CASH FROM FISHING PERMITS THIS YEAR, DESPITE UN BAN

On 26 November, NK Pro reported that ship-tracking data shows scores of Chinese vessels entered North Korea’s exclusive economic zone (EEZ) over the last several months, in what likely amounts to extensive violations of sanctions. 

https://www.nknews.org/pro/north-korea-reels-in-cash-from-fishing-permits-this-year-despite-un-ban/

EUROPEAN COURT OF JUSTICE DISMISSED AN APPEAL AGAINST A GENERAL COURT’S DECISION OVER DAMAGES OVER IRAN SANCTIONS

On 26 November, the EU Sanctions blog reported that on 18 November, the ECJ dismissed and appeal against a decision to award an appellant €71,000 in non-pecuniary damages and €500 for each month in which his assets were frozen (€21,000 in total) – he had asked for over £1.4 million.  The appeal had been brought by Fereydoun Mahmoudian, the majority shareholder and chairman of Fulmen, an Iranian company active in particular in the electrical equipment sector.

https://www.europeansanctions.com/2021/11/ecj-dismisses-challenge-to-damages-by-mahmoudian/

UK: HIGH COURT REJECTS HUMAN RIGHTS ACT CHALLENGE TO SANCTIONS LEGISLATION

On 26 November, the EU Sanctions blog reported that the High Court has dismissed an application by Hany Youssef challenging the compatibility of one part of the Sanctions Act with Article 6 of the European Convention on Human Rights which guarantees the right of access to a Court, and Article 8 which protects the right to private and family life.

https://www.europeansanctions.com/2021/11/english-court-rejects-human-rights-challenge-to-uk-sanctions-act/

ISLE OF MAN FOLLOWS UK ON CHANGE TO ISIL/AL-QAIDA SANCTIONS LIST

On 26 November, the Isle of Man confirmed that Emraan Ali had been added to the sanctions lists.

https://www.gov.im/news/2021/nov/26/financial-sanctions-isil-daesh-and-al-qaida/

WEBINAR: CARBON CREDIT FRAUD

On 26 November, 5 St Andrews Hill chambers published a video recording of a webinar on 17 November.  It looks back on what might be considered the ‘first wave’ of carbon credit fraud, between roughly 2010-2015, and examines whether there is the potential for a new ‘second wave’ of more sophisticated, larger-scale fraud.  It looks at the challenges for investigators in terms of embarking on investigations of such conduct and also those seeking to represent individuals accused of wrongdoing in the carbon markets?

https://www.5sah.co.uk/knowledge-hub/videos-and-podcasts/2021-11-24/watch-business-crime-autumn-webinar-series-carbon-credit-fraud-the-final-word

UK: WARNING FOR TAXPAYERS NOT TO SHARE THEIR GOVERNMENT GATEWAY DETAILS– INCLUDING COMPANIES THAT OFFER TO MAKE TAX RELIEF CLAIMS ON THEIR BEHALF – DUE TO COMPANY REFUND FRAUD RISK

On 26 November, Accounting Web reported that the Low Incomes Tax Reform Group (LITRG) is warning taxpayers not to share their Government Gateway username and password details with anyone – including companies that offer to make tax relief claims on their behalf.  LITRG has issued a list of fraud warning signs.

https://www.accountingweb.co.uk/tax/hmrc-policy/litrg-warns-taxpayers-of-refund-company-fraud

PODCAST: HOW THE CHARITY SECTOR CAN BE TARGETED BY FRAUDSTERS

On 26 November, Third Sector released a podcast about a broad range of fraudulent activity affecting the charity sector.  These include where people falsely claim to be raising money on behalf of charities, where charity staff have been conned into handing over charity money, as well as cases of insider fraud, where charity staff, trustees or volunteers have directly stolen from the charity.

https://www.thirdsector.co.uk/third-sector-podcast-scams-fraud/article/1734257

FORMER HEAD OF CZECH SOCCER ASSOCIATION GETS 6-YEAR PRISON TERM FOR FRAUD

On 26 November, the Daily Mail reported that Miroslav Pelta, the former head of the Czech soccer association, had been convicted of fraud and sentenced him to 6 years in prison. He was also fined $220,000 and banned him from an executive position in corporations for 5 years.  In the same case dating from 2017 and involving misuse of state subsidies, the court sentenced Simona Kratochvilova, a former deputy education minister, to 6½ years in prison and banned her from working in state offices for 6 years and fined her $88,000.

https://www.dailymail.co.uk/wires/ap/article-10246267/Former-Czech-soccer-head-gets-6-year-prison-term-fraud.html

UK: 3 CIGARETTE SMUGGLERS FRAUDSTERS JAILED FOR A TOTAL OF 8½ YEARS

On 26 November, Forecourt Trader reported that they were part of organised crime networks that operated in London and the Midlands, and were caught with more than 5 million cigarettes in November 2016.

https://forecourttrader.co.uk/latest-news/three-tobacco-fraudsters-jailed-for-a-total-of-eight-and-a-half-years/662277.article

LITHUANIA: CORRUPTION PROBE TARGETS PROPERTY DEVELOPMENT IN VILNIUS

On 26 November, LRT reported that the Special Investigation Service (STT) has announced an investigation into a possible inter-institutional criminal scheme involving employees of Vilnius city municipality.

https://www.lrt.lt/en/news-in-english/19/1551537/corruption-probe-targets-property-development-in-vilnius-municipality-staff-among-suspects

UK: TREASURY COMMITTEE TO QUESTION MINISTERS ON FRAUD, SCAMS AND ECONOMIC CRIME

On 26 November, the Parliament website reported that Government ministers will be questioned by Parliament’s Treasury Committee on fraud, scams and economic crime at on 29 November.  Following news that fraud increased by 30% in the first half of 2021, the Committee is likely to use the session to discuss the action required to tackle fraud and scams.  It is said that the Committee may also use the session to explore what the Government is doing to stop the rise in authorised push payment (APP) fraud and to ensure that victims are reimbursed.  Other topics of discussion could include effectiveness on the AML regime, and the need for more transparent ownership of companies and property to prevent criminals hiding money in the UK.

https://committees.parliament.uk/committee/158/treasury-committee/news/159227/treasury-committee-question-ministers-on-fraud-scams-and-economic-crime

HONDURANS WEARY OF CORRUPTION LOOK FOR CHANGE IN ELECTION

On 26 November, ABC News reported that the upcoming election will be about removing a party whose successive administrations are widely seen as deepening the country’s corruption over the past 12 years, driving tens of thousands to flee the country.

https://abcnews.go.com/International/wireStory/hondurans-weary-corruption-change-election-81407099

FATF WEBINAR ON PROLIFERATION FINANCING RISK ASSESSMENT AND MITIGATION

On 16 December, FATF will host a live webinar featuring a panel of experts from public and private sectors with a global and domestic focus on tackling the financing of the proliferation of WMD. 

https://www.fatf-gafi.org/publications/financingofproliferation/documents/webinar-dec-2021-pf.html

HONG KONG: SFC ACTION OVER A SUSPECTED SOCIAL MEDIA RAMP-AND-DUMP SCAM INVOLVING MANIPULATION OF THE MARKET IN LATE OCTOBER 2021

A release on Mondo Visione on 26 November advised that the Securities and Futures Commission (SFC) has issued restriction notices to Emperor Securities Limited and Get Nice Securities Limited, prohibiting them from dealing with or processing certain assets held in 17 trading accounts.

https://mondovisione.com/media-and-resources/news/hong-kong-securities-and-futures-commission-issues-restriction-notices-to-two-br-3/

Brazil: FORMER OLYMPICS BOSS SENTENCED TO JAIL FOR CORRUPTION

On 26 November, the New Indian Express reported that Carlos Arthur Nuzman, the head of the Brazilian Olympic Committee for more than 2 decades, has been sentenced to 30 years and 11 months in jail for allegedly buying votes for Rio de Janeiro to host the 2016 Olympics.

https://www.newindianexpress.com/sport/other/2021/nov/26/former-brazil-olympic-boss-sentenced-to-jail-for-corruption-2388442.html

TRUSTS: UK PROPERTY OWNERSHIP STRUCTURE – REMEMBER TO REGISTER WITH THE UK TRUST REGISTRATION SERVICE

On 26 November, Herbert Smith Freehills issued a reminder that HMRC has expanded the scope of what trusts are required to register with the TRS such that all express trusts (save for a few limited exceptions), which are required to register irrespective of whether they have a liability for UK tax.  It explains that whilst the legislation provides that affected trusts must register by 10 March 2022, HMRC has announced that, due to technical upgrades required, this deadline has been extended to 1 September 2022 (for trusts in existence on or after 6 October 2020).

https://hsfnotes.com/realestatedevelopment/2021/11/26/trusts-in-your-uk-property-ownership-structure-remember-to-register-with-the-uk-trust-registration-service/

UK: CASH AND CARRY BOSS JAILED FOR 5 YEARS FOR MONEY LAUNDERING

On 26 November, the Ilford Recorder reported that a Barking cash and carry boss, Avtar Singh Mann, 50, has been sentenced to more than 5 years in jail for his part in a £25 million money laundering scheme. He helped move millions of pounds through the bank accounts of shell companies set up to launder cash believed to derive from the sale of non-duty paid alcohol.

https://www.ilfordrecorder.co.uk/news/crime/barking-cash-and-carry-boss-sentenced-8520382

CAN THE BIOLOGICAL WEAPONS CONVENTION ADDRESS NEW BIOTHREATS?

On 25 November, an article from Chatham House says that the dual-use nature of many new biological techniques pose significant challenges for governance, particularly as new and complex synergies emerge between biology and other disciplines, such as chemistry, artificial intelligence (AI) and cyber technologies.  Developments have diversified biothreats beyond what was originally conceived by the Biological Weapons Convention (BWC), introducing new and more interconnected pathways for the hostile use of biological agents.  Parties to the BWC are meeting, and the article says that there is an urgent need to update the treaty regime by reframing discussions to properly address the complexity of modern-day biothreats.

https://www.chathamhouse.org/2021/11/can-biological-weapons-convention-address-new-biothreats

OPERATION CLAMPS DOWN ON ILLEGAL TRANSBOUNDARY SHIPMENTS OF WASTE AND OZONE DEPLETING SUBSTANCES

A news release from the World Customs Organisation on 26 November advised that, from 1 to 31 October, Operation DEMETER VII demonstrated Customs’ commitment to helping to protect the health of both people and the planet, by enforcing Multilateral Environmental Agreements (MEA) which regulate cross-border movements of environmentally sensitive commodities.  It tackled the illicit trafficking of waste, ozone depleting substances (ODS) and hydrofluorocarbons (HFC), which are very potent greenhouse gases that contribute to global warming and climate change.  These commodities are regulated under, respectively, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention), and the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol).  Using risk indicators and focusing on pre-identified routings and hotspots, Customs officers controlled suspicious shipments and seized illegal waste and ODS.  It resulted in a total of 107 seizures, including 3,851 tons of waste and additional 6,108 pieces, and 101 kg and additional 493 pieces of substances controlled under the Montreal Protocol.

http://www.wcoomd.org/en/media/newsroom/2021/november/operation-demeter-vii-clamps-down-on-illegal-transboundary-shipments.aspx

BANNING BINANCE AND THE CHALLENGES OF REGULATING CRYPTO

On 24 November, an article from Corker Bining examines the facts behind sensational headlines, which it says are emblematic of the tussle between investors, financial institutions, cryptoasset service providers, and regulators that has existed ever since cryptocurrencies came to mainstream attention.  At the heart of this tussle are said to be questions about the cross-border regulation of cryptoasset companies, and the financial crime implications for investors and institutions who do business with Binance, and other cryptocurrency exchanges.

https://corkerbinning.com/banning-binance-and-the-challenges-of-regulating-crypto/

FINLAND: BLOCKFEST FOUNDER ACCUSED OF MONEY LAUNDERING

On 26 November, IQ Magazine reported that Kalle Kallonen, thefounder and CEO of Finland’s Blockfest festival has gone on trial accused of money laundering.  He denies the charge of allegedly received cash earned from drug offences for €10,000 which he transported to Spain in May 2021.  His is part of larger case in which aA total of 10 people have been charged, including 3 men who are alleged to have formed an organised criminal group to commit drug offences from 2020 to June 2021.  Founded in 2008, Blockfest has grown to become one of the biggest hip-hop festivals in the Nordic countries.

https://www.iq-mag.net/2021/11/blockfest-founder-money-laundering/

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SANCTION-BUSTING ITALIAN TIMBER TRADERS DEFY EU LAW TO IMPORT MYANMAR TEAK AIDING THE MILITARY JUNTA

On 25 November, a report from the Environmental Investigation Agency said that, despite trade sanctions imposed in June to ban imports of Myanmar teak into Europe, more than 300 tonnes of teak, worth well over €2 million, has since entered into Italy.  It says that, in the first half of the year, more than €1 million worth of timber was entering into Italy every month, but in July this decreased to about €500,000 worth.  However, with the sanctions in place there should be no timber entering at all and, subsequently, timber imports have increased.

https://eia-international.org/news/sanction-busting-italian-timber-traders-defy-eu-law-to-import-myanmar-teak-aiding-the-military-junta/

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