IELR Blog

Official Blog of the International Enforcement Law Reporter

Nigerian High Court Sentenced 10 Pirates for the Hijack of Chinese Vessel

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On July 23, 2021, a Nigerian Federal High Court sentenced 10 Pirates for their involvement in hijacking a Chinese Vessel merchant vessel FV HAILUFENG II in 2020. The pirates each received a 12-year prison sentence and a N250,000.00 fine on each count.

 

The FV HAILUFENG II Hijacking

 

In May 2020, ten pirates Frank Abaka, Jude Ebaragha, Shina Alolo, Joshua Iwiki, David Akinseye, Ahmed Toyin, Shobajo Saheed, Adekole Philip, Matthew Masi, and Bright Agbedeyi, allegedly hijacked a Chinese vessel and kidnapped the 18 crew members. The ship was in international waters off the coast of Cote D’lvoire.

 

States in the Gulf of Guinea participated in the rescue mission. They used resources set under the Yaoundé Architecture for Maritime Security. “In a rare victory, the Nigerian Navy was able to interdict the Hailufeng 11 at a position about 140 nautical miles south of Lagos, arriving about two days after the hijacking,” The Maritime Executive reported. The navy rescued the crew members and arrested the pirates.

 

The Federal high court Justice Ayokunle Faji said the pirates’ actions were “an embarrassment to the nation that has impacted the economy negatively.”

 

Hijacking incidents are common in the Gulf of Guinea, which covers several West African Countries. That region has been termed “pirate alley” for the frequent attacks. The International Maritime Bureau reported that last year there were about 22 incidents that accounted for 130 seafarers’ kidnappings.

 

Nigerian lead prosecutor Labaran Magaji said that the conviction is intended to send a strong message Nigeria does not tolerate maritime crimes and that Nigerian institutions are prepared to combat criminal activities.

 

 

 

The 2019 Anti-Piracy Law

 

The July 23 conviction is the first time pirates have been prosecuted under the Suppression of Piracy, and Other Maritime Offences (SPOMO) Act that President Muhammadu Buhari passed in 2019. Previously, three private security company employees were fined under this law after their alleged involvement in aiding a ransom crime. The legislation clarified jurisdictional issues related to armed robbery committed at sea and authorizes exclusive jurisdiction to hear matters related to armed robbery and other illegal acts committed at sea in the Federal High Court. Furthermore, the act prohibits hijacking, vandalism, or destruction of the ship, and the unlawful interference of ship operation, navigation, and installation on the facility.

 

The current (i.e., August) issue of the IELR will have a more comprehensive discussion of this case.

 

 

Exploring Foreign Criminal Procedures Through Film

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by Frederick T. Davis*

Since 2017 I have been teaching a course at Columbia Law School called “Comparative Criminal Justice,” which explores the very fundamental differences among criminal procedures around the world.  It focuses particularly on the split between the “common law/accusatorial” world of criminal justice associated with English traditions and the “civil law/inquisitorial” world associated with continental Europe; those traditions are visible around the globe, including of course in the United States but also in many countries in South America, Africa and Asia whose legal traditions, at least in part, derive from one or another system.  The course is fun.  And I believe its message is important: the world is globalizing quickly, and crimes do not respect borders; prosecutors, law enforcement personnel, and others involved in criminal justice are increasingly confronted with legal systems different from the one in which they are trained, and do not always respond appropriately.  My opinion is that many transnational criminal investigations have ended in sub-optimal outcomes because one or another participant did not understand the procedures and dynamics of the system within which an adversary was acting.  Separately, international criminal tribunals hold trials in which important people, including in several instances a former head of state, have been charged with international crimes such as war crimes, torture, genocide, and crimes against humanity; my opinion is that many of those tribunals work inefficiently because they have not developed a coherent set of “international” criminal procedures, but rather tend to use a crude admixture of procedures drawn from very different legal systems that happen to be the only ones its participants understand.

My Columbia course was born of some experience in these areas: I am a former federal prosecutor and a New York trial lawyer, a Fellow of the American College of Trial Lawyers,  but in 2006 I moved to France, sat for the Paris Bar, and engaged in quite a few criminal matters in France, including two trials; along the way, I have worked extensively at several of the international criminal tribunals, serving as an advisor to the Prosecutor at the (now former) International Criminal Tribunal for Rwanda as well as for the Prosecutor at the International Criminal Court in The Hague, and I advised a large group of victims in the (successful) prosecution of former Chadian dictator Hissène Habré for crimes against humanity in a trial in Senegal.  I started organizing my comparative course based on this experience, and have enjoyed learning – and in a modest way, contributing to – the limited but useful academic literature on comparative criminal procedures.

My academic career took a huge boost when I stumbled upon 2014 article called A Survey of Comparative Criminal Procedure Through Foreign Films, published in Opinion Juris in Compatione, Vol I, Special Issue (2014) by Samuel W. Bettwy, an Assistant United States Attorney in the Southern District of California and an Adjunct Professor of Law at the Thomas Jefferson School of Law, where he teaches a course – which long anticipated mine! – on comparative criminal procedures.  The article makes a simple but profound point: differences in criminal procedures reflect differences in culture.  It then explores these differences in a visual and concrete way by analyzing films from around the world that portray investigations, interrogations, trials and other criminal procedures – not through documentaries so much as via mass-audience movies that unconsciously but accurately reflect cultural values.  The article contains a clear exploration of the “common law / civil law” dichotomy, as well as variants, and then links them to specific films from around the world.  A few years later Mr. Bettwy developed this article into a book, called Comparative Criminal Procedure Through Film: Analytical Tools and Law and Film Summaries by Legal Tradition and Country, which is available on Amazon and elsewhere.  And in 2019 he took this remarkable work a huge step forward, publishing an “e-book” that not only contains his exploration of various legal traditions around the world, but includes actual, clickable links to over 400 film clips, extracted at great effort from films in 55 countries around the world, organized by the criminal procedure that they involve.  This innovative “book” is available online, and is a unique resource for anyone interested in criminal justice – as well as a source of infinite amusement for film buffs.

On June 30, 2021, Sam Bettwy and I conducted a one-hour webinar on the theme of Comparative Criminal Procedures, Viewed  Through Film, which took place at Columbia Law School; a recording of it is publicly available here.  In it we showed six clips relating to two well-known criminal issues (the right to silence and the role of a judge and counsel during trial), three from England (including clips from two classics – The Paradine Case from 1948 starring Gregory Peck as a London barrister and Witness for the Prosecution, starring Charles Laughton), comparing them with three well-known French films that involved the same procedural issue.  We ended up with an extract from A Separation, a classic 2011 film from Iran that includes some incomparable trial scenes quite different from either of the main Western traditions.

Our one-hour discussion was the barest introduction to the fascinating subject that Sam and I examine in our courses, and which can be explored through his book.  Core criminal principles such as the right to confront witnesses and the right to counsel, as well as crucial procedures such as cross-examination, are not immutable: they are often implemented differently around the world.  It is important to understand that these differences are not a matter of one country’s process being “better” than another, different procedures simply respond to different histories, traditions, and norms.  And there is no better way to visualize this important point than through film.

*Davis is a member of the New York and Paris Bars.  He is a Lecturer in Law at Columbia Law School where in addition to his course on Comparative Criminal Justice he also teaches on International Criminal Investigations, and he teaches or speaks frequently in Europe.  His writings can be found at https://freddavisnylaw.com/

EU Commission Proposes Major Revisions for Countering Money Laundering and Terrorism Financing

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On July 20, 2021, the European Commission presented a significant set of legislative proposals to strengthen the EU’s anti-money laundering and countering terrorism financing (AML/CFT) rules.  The proposal will establish a new EU authority to combat money laundering.  The proposals aim to improve the detection of suspicious transactions and activities, and to shut the loopholes used by criminals to launder illicit proceeds or finance terrorist activities through the financial system.

The proposals improve the existing EU framework by responding to emerging challenges linked to technological innovation.  They take into account virtual currencies, more integrated financial flows in the Single Market and the global nature of terrorist organizations.  The proposals bring convergence in the AML/CFT rules and establish a more consistent framework to ease compliance for operators subject to AML/CFT rules, especially for those active in cross-border transactions.

The Four Legislative Proposals

The initiatives consist of four legislative proposals:

New EU AML Authority (AMLA) Proposed

The initiatives will establish a new EU Authority (AMLA) to transform AML/CFT supervision in the EU and improve cooperation among Financial Intelligence Units (FIUs).  The AMLA will serve as the central authority coordinating national authorities to ensure the private sector correctly and consistently applies EU rules.  AMLA will also furnish support to FIUs to improve their analytical capacity around illicit flows and make financial intelligence a key source for law enforcement agencies.

The AMLA will:

  • create a single integrated system of AML/CFT supervision throughout the EU, based on common supervisory methods and convergence of high supervisory standards;
  • directly supervise some of the riskiest financial institutions that operate in a large number of EU Members or require immediate action to respond to imminent risks;
  • monitor and coordinate national supervisors responsible for other financial entities, as well as coordinate supervisors of non-financial entities;
  • support cooperation among national FIUs and facilitate coordination and joint analyses between them, to better detect illicit financial flows of a cross-border nature.

One EU Rulebook for AML/CFT

The Single EU Rulebook for AML/CFT will harmonize AML/CFT rules across the EU, including, for instance, more detailed rules on Customer Due Diligence, Beneficial Ownership and the authorities and task of supervisors and FIUs.  The initiatives will connect existing national registers of bank accounts, furnishing faster access for FIUs to information on bank accounts and safe deposit boxes.  The Commission will also supply law enforcement authorities with access to this system, accelerating financial investigations and the recovery of criminal assets in cross-border cases.  Access to financial information will be subject to strong safeguards in Directive (EU) 2019/1153 on exchange of information.

Extending AML/CFT Rules to the Crypto Sector

Currently EU AML/CFT rules apply to only certain types of crypto-asset service providers.  The proposed initiatives will extend these rules to the entire crypto sector, obliging all service providers to conduct due diligence on their customers.  The proposals will ensure full traceability of crypto-asset transfers, such as Bitcoin, and will permit prevention and detection of their possible use for money laundering or terrorism financing.   Additionally, the proposals will fully apply EU AML/CFT rules to the crypto sector and prohibit anonymous crypto asset wallets.

Limit Cash Payments to € 10,000

The Commission has proposed an EU-wide limit of €0,000 on large cash payments.  The limit is high enough not to question the euro as legal tender and recognizes the important role of cash.  In about two-thirds of EU Members limits already exist, but the amounts vary.  National limits under  € 10,000 can remain in place.  Limiting large cash payments makes it more difficult for criminals to launder money.  Additionally, the proposes forbid anonymous  crypto-asset wallets, similar to the prohibition of anonymous bank accounts.

“Black-Lists” and “Grey-lists” for Third Countries

The EU will continue to use a “black-list” and a “grey-list.”  In addition to using the FATF list for its own listing, the EU will have its own list based on an autonomous assessment.

Future

The Commission proposals are in the hands of the European Parliament and Council.  The future AML Authority should be operational in 2024 and will start its work of direct supervision slightly later, once the Directive has been transposed and the new regulatory framework starts to apply.

Analysis

The AMLA with direct authority over institutions with cross-border activities or institutions with problems will contribute significantly to stronger compliance.   The AMLA will help establish a single integrated system of AML/CFT through common supervisory methods and convergence of high supervisory standards.  It will also facilitate cooperation among FIUs and more convergence with respect to their operation.

The extension of AML/CFT rules to crypto-asset service providers and prohibition of anonymous crypto asset wallets will plug a gap in the use of virtual currency to circumvent AML/CFT regulation.

The connecting of existing national registers of bank accounts along with the national beneficial ownership registers for companies and trusts will facilitate financial investigations and asset recovery.

Unfortunately, the use of its own grey and black lists will contribute to the proliferation of such lists internationally, causing more limits and closures of correspondent bank accounts and financial exclusion for persons in small jurisdictions.

For additional information see Questions and Answers:  AntiMoney Laundering and Countering Financing of Terrorism (AML/CFT)  and Factsheet: Stronger EU rules to fight financial crime, Anti-money laundering and countering the financing of terrorism legislative package, and Proposal on centralised bank account registeries.

The next issue (August) of the IELR will have a more comprehensive discussion of the EU Commission’s AML/CFT initiatives.

ABA CJS Int’l Comte Meeting on US-Brazil Jt Settlements et al

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The ABA Crim. Just. Sec. Int’l Comte, which I co-chair, will meet on Thurs. Aug. 5 from 2:00-3:00 pm E.S.T. via Zoom as part of the ABA Hybrid Annual Meeting. Everyone is welcome to attend, including non-members.

Join Zoom Meeting
americanbar.zoom.us/j/…

Meeting ID: 977 9733 8444
Passcode: 264266

Find your local number: https://lnkd.in/d2aAsEz

Guest Speakers
Antenor Madruga and Ana Belotto, both of Feldens Madruga, in Brazil, will join us to discuss “US-Brazilian Joint Criminal Settlements: Trends and Implications for Stakeholders”
The panelists will discuss recent joint settlements between the U.S. , Brazil and other countries, including the Amec Foster Wheeler settlements (June 25 in the US and July 2 in the UK), Rolls-Royce, and others. They will discuss the trends and implications for stakeholders of joint settlements and other developments in international criminal cooperation.
Antenor Madruga has a PhD in international Law, is the founding partner at the FeldensMadruga law firm in Brazil. He is recognized as a leading Brazilian lawyer in complex litigations and negotiations involving government criminal and administrative proceedings, particularly in multijurisdictional cases.
Ana Belotto coordinates the Compliance practice at FeldensMadruga with a special focus on AML and anti-corruption matters. Has participated in the negotiation of complex multijurisdictional leniency agreements involving criminal, civil and administrative matters. She is a member of the New York Bar and is a registered Solicitor at the Law Society of England and Wales

Other Agenda Items
The Committee will also discuss other developments in the field and Committee business, such as the proposed resolution on joint settlements, and its recent webinar on “Abusing Interpol’s Resources to Persecute Expatriate Dissidents” on July 14. 

Video Conferencing, Web Conferencing, Online Meetings, Screen Sharing – Zoom

Chilean Woman Living Australia to Face Extradition for Kidnapping Charges

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On June 25, 2021, an Australian federal court judge ruled that a Chilean woman living in Sydney must face extradition for her alleged involvement in kidnappings during Augusto Pinochet’s dictatorship.

Adriana Rivas is wanted for seven counts of aggravated kidnapping. These charges stem from her alleged role as an agent for Pinochet, a Chilean dictator, in the 1970s. Chilean authorities claim that Rivas was involved in the disappearance of Victor Diaz, the secretary-general of Chile’s communist party, along with six of his supporters.

While Rivas denied involvement in any kidnappings, she did admit in a 2013 interview with Australian broadcasters that she was a part of the National Intelligence Directorate or Dina, a secret police force that used extreme violence to silence political opponents.

 

Background

Chilean authorities claim that Rivas was the assistant to Manual Contreras, the head of Dina. The Directorate was a secret organization that plotted and carried out violent attacks towards dissidents in the 1970s.

The violent attacks left as many as 3,000 people dead or disappeared. And some 40,000 others were held captive in prison or faced torture at the hands of the government.

Throughout the violent campaign attacks, Rivas allegedly carried out those seven kidnappings. The campaign corresponded with Pinochet’s dictatorship, which was from 1973 to 1990.

The Chilean government now claims that Rivas played a significant role in facilitating these violent attacks; however, her Rivas lawyers argue that she was not involved in the attacks and merely had menial tasks.

However, contrary to Rivas’ claims, BBC reports that in she was in an SBS Australian broadcast interview where she admitted that her years in the Dina were “the best of my life.” In the broadcast interview, she told SBS that she lived a luxurious life as she was provided with clothing allowance, stayed in upscale hotels, and traveled in expensive cars.

As for her alleged involvement in torture, she said in the interview that “they had to break the people – it happened all over the world, not only in Chile.”

 

Extradition

In October 2020, Rivas contested the extradition request, and a Sydney magistrate ruled that she was eligible for extradition. In June 2021, Judge Abraham agreed with the magistrate and said that there was no proof that the lower court “engaged rubber-stamping exercise” concerning her extradition. Judge Abraham also only considered the extradition issue rather than her guilt or innocence.

If convicted, Rivas could face up to five life sentences plus 20 years for the remaining two counts.

Rivas can still appeal that decision before the Federal Circuit Court judges.

Arnold & Porter Lawyer Faces Litigation by Denmark Over Tax Controversy

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Recently, Denmark claimed Michael Ben-Jacob, an Arnold & Porter partner, designed a scheme that defrauded the country of around $260 million.[1]  The scheme involved setting up sham pension plans to apply for refunds in Denmark and the complaint was filed in the Southern District of New York (S.D.N.Y.).[2]  Denmark’s customs and tax authority (SKAT) stated that the plans submitted at least 364 fraudulent applications involving 630 dividends issued by 13 Danish companies. This blog post will discuss in further detail the scheme and briefly touch on the change of legal climate in relation to enablers in fraud schemes.

The Scheme

Michael Ben-Jacob’s clients are mainly high net-worth individuals, family offices, and “closely held” businesses.[3]  The activity allegedly started around 2011 and ended in August 2015 after Denmark received a tip from a whistleblower and a foreign government.  Ben-Jacob designed a partnership structure that allowed the principles of Argre, a New York-based business, to recruit friends, family members, and colleagues to set up additional plans to submit refund applications.[4]  The partnership structure enabled the principals to retain control of the plans that the recruits agreed to set up and take 90% to 95% of the proceeds that these additional plans obtained from Denmark, after payments to others in the scheme.[5]  Finally, recruits signed the papers necessary to set up one or more allegedly sham companies and allegedly sham pension plans, and appoint one of the principals as the plans’ authorized representative.[6]

The S.D.N.Y. recently ruled against Michael Ben-Jacob a motion on the revenue rule, “a common law principle that prohibits courts from hearing actions by foreign nations to enforce their foreign tax laws, whether directly or indirectly.”[7]  This further adds to the mountainous amount of litigation Ben-Jacob will need to deal with, as Ben-Jacob is already a defendant in 39 actions.[8]

Potential Changes for Enablers

The recent development in this case provides a potential for change for future enablers in fraud schemes.  In this case, associate defendants initially claimed privilege over their communications with Ben-Jacob.  Now, the defendants “announced that they were asserting a reliance-on-counsel defense, waived the claim of privilege and, in January 2021, began producing communications with Ben-Jacob that they had previously withheld.”[9]  As a result, these communications revealed Ben-Jacob’s role in the scheme to defraud SKAT.

SKAT’s allegations against Ben-Jacob’s will definitely put a lot of people on notice.  Enablers of fraud can be found in many forms: accountants, attorneys, bankers, and others.  Potential liability of Ben-Jacob could lead to further investigations and new interpretations by tax authorities and courts alike as to what kind of responsibilities do enablers have in their role in assisting those in fraud schemes.  This topic will be explored in a larger article for the International Enforcement Law Reporter.

 

[1] Bruce Love, Arnold & Porter Partner Faces More Litigation By Denmark Over Tax Controversy, LAW.COM, https://www.law.com/newyorklawjournal/2021/06/17/arnold-porter-partner-faces-more-litigation-by-denmark-over-tax-controversy/, Jun. 17, 2021 (last visited Jul. 16, 2021).

[2] Id.

[3] Love, supra.

[4] SKAT v. Ben-Jacob, 1:21-cv-05339 **at 3 (S.D.N.Y. Jun. 16, 2021).

[5] Id.

[6] Id.

[7] In re SKAT, 356 F. Supp. 3d 300 (S.D.N.Y. 2019).

[8] 1:21-cv-05339 at 4.

[9] Love, supra.

IELR BLOG: Now Accepting Ads!

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If you or your company is looking to promote your business on the IELRBlog, we now accept advertisement requests!

Reasons to advertise on the IELRBlog.com:

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State Department Releases 2021 Trafficking in Persons Report

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On July 1, 2021, the U.S. Department of State released the 2021 Trafficking in Persons Report (TIP) that documents the global effort towards combating human trafficking.

 

In the Report’s opening remarks, Secretary of State Antony Blinken stated that

“Through this Report, we call on governments to join the United States in improving our collective efforts to address human trafficking comprehensively. Doing so requires us to mitigate harmful practices and policies that cause socioeconomic or political vulnerabilities that traffickers often prey on.”

 

 

Summarizing Key Points

           

The TIP is an annual 600-page report broken up into several parts. The Report starts by addressing human trafficking in the context of the Covid-19 Pandemic; next, it addresses human trafficking in a broader view and the Report’s methodology. The Report dives into the data into categories, the global law enforcement data, and the country tier placement regional map. TIP also features preventive efforts and strategies.

 

Among the notable features of the Report is the country tier placements and regional maps. The three-level tier list includes countries based on their efforts to combat human trafficking. Higher ranked countries indicate that a country is not meeting the standards to eliminate trafficking. Among the higher ranked or Tier 3 countries are Afghanistan, China, Cuba, Iran, Malaysia, Russia, South Sudan, Syria, and Venezuela. The countries in Tier 2 watch list are Guinea, Chad, Ireland, Pakistan, Sri Lanka, Thailand, Vietnam, and Zambia. Tier 2 includes the majority of the Middle Eastern and South American countries and some countries in Asia. Tier 1 consists of the United States of American, and majority of European countries, and a mix of countries across the globe.

 

Country tiers are accompanied by detailed country narratives that provide a breakdown of their efforts and explain and justify their tier placement.

 

 

Analysis and implications

 

            While the Report provides useful data, analysis, and information, it undoubtedly has its shortfalls. Namely, the tier breaks down more likely than not had some political influence when it comes to the placements. Politics cannot divorce itself from bringing an objective report. Though the Report could have some politics intermingled with it, it provides a useful tool for addressing human trafficking.

 

The Report also failed to address and prioritize the ever-increasing issue of online sex trafficking dominating the internet ever since its creation. While the Report provides a brief paragraph on online sex trafficking, it fails to provide a comprehensive section solely for this issue. The Report does mention it in its country narrative parts but does not go far enough to provide more details.

 

 

 

The July issue of the IELR will have a more comprehensive discussion of this topic

Julian Assange: British High Court Agreed to Hear U.S. Appeal in Assange Extradition

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On July 7, 2021, the British High Court announced that it would hear the U.S.’s appeal in the extradition of WikiLeaks founder Julian Assange. Previously, in January 2021, the British lower court blocked U.S.’ efforts to extradite Assange, citing flaws in the U.S. federal penal system, particularly its inability to protect offenders with mental illnesses.

 

The District Court Judge that presided over that January hearing said that Assange is already at an increased risk of suicide and that allowing him to serve his sentence in the U.S. puts him at an even greater risk. “I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him,” said District Judge Vanessa Baraitser.

 

U.S.’ Persistent Efforts to Convict Assange

 

An email sent to New York Times Reporter Charlie Savage from the Crown Prospection Services press office revealed that the High Court accepted three grounds for appeal. Documents also revealed that if Assange were to be extradited and convicted, the U.S. promises not to impose the harsh and confinement conditions and will allow him to service in his native Australia— a move that would be unprecedented for the Justice Department. “The United States has also provided an assurance that the United States will consent to Mr. Assange being transferred to Australia to serve any custodial sentence imposed on him,” documents stated. 

 

U.S. legal battle to extradite the WikiLeaks founder dates back to January 2017. Under the Trump administration, the Justice Department initially sought his arrest then moved to seek extradition in 2019. Many of Assange’s supporters lobbied on his behalf to drop the extradition request but to no avail. Stella Moris, Assange’s fiancée, requested that Biden drop the extradition request against Assange, saying, “End the prosecution, protect free speech and let Julian come home to his family.”

 

 

Assange’s Alleged Crimes

 

If convicted in the U.S., Assange faces 18 counts of breaking espionage laws and computer hacking charges. The charges are in reference to Assange’s alleged involvement in publishing documents dating back to 2010 and 2011 that revealed classified information on the American campaign in Iraq and Afghanistan and the subsequent results.

 

Since 2019, Assange has been held in the U.K. at the Belmarsh prison. Assange continues to defend his work and does not consider it a crime but merely public interest journalism.

 

This high-profile case has generated controversy and conversations around the free press and a threat to journalists interested in publishing government secrets.

 

Analysis

 

The fact that the U.K. court has denied extradition requests to the U.S. on the grounds that the U.S. penal system is unsafe, cruel, and inhumane should raises alarms about the U.S. penal system and its desperate need for reform.

 

An unusual element of the U.S. appeal is that the U.S. has given assurances that, if convicted, Assange would be able to transfer to Australia to service his sentence.  Normally, a  convicted person has to wait several months before he applies to transfer and is successful less than 40% of the time, especially on the initial application.  Even when he is successful, it normally takes about two years for an individual to be able to transfer.

 

The July issues of the IELR will have a more comprehensive discussion of this topic.

U.S. Releases List of Suspected North American Corrupt Officials

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On July 1, 2021, the U.S. Department of State released a list of alleged corrupt officials in North American. The list includes 50 plus names of current and former officials in Guatemala, Honduras, and El Salvador.

 

Prominent Figures

 

In Honduras, among the prominent figures on the list is President Porfirio Lobo and his wife, former First Lady Rosa Elena Bonilla De Lobo. Allegedly, Lobo accepted bribes from drug cartels, and his wife engaged in fraud and misappropriated funds.

 

Honduran analyst Raul Pineda Alvarado said that it is concerning that certain names were omitted, notably, current Honduran President Juan Orlando Hernandez, who has allegedly accepted bribes from drug traffickers to aid in his political campaign.

 

“If this is the way the United States Congress wants to battle corruption in Honduras, it’s like wanting to cure cancer with aspirin,” said Alvarado.

 

In El Salvador, several individuals range from Cabinet officials to judges were on the list. Among the names is Cabinet chief for President Nayib Bukele, Chief of Staff Carolina Recinos, two former presidents of the Legislative Assembly, Walter Araujo, who is now a Bukele’s New Ideas party leader. Araujo was included because he called for an “insurrection against the Legislative Assembly and repeatedly threatening political candidates.”

 

In Guatemala, former President Alvaro Colom was named on the list for his alleged involvement in an embezzlement case related to the bus system in Guatemala City. Also on the list is the Supreme Court Justice Manual Duarte Barrera. Barrera and another high court justice, Nester Vasquez, allegedly meddled in judges’ selection process for the high court.

 

List Implications

 

Persons included in the list are said to lose their visas and can no longer enter the U.S.

 

The Head of the Public Accountability Organizations Citizen Action in El Salvador Eduardo Escobar, said that the list gives some credence to the allegations against the public officials and waits to see if the Salvadoran Attorney General takes any legal action against the named individuals.

 

The list is not yet finalized, according to the White House special envoy for the Northern Triangle Ricardo Zúñiga. He also mentioned that putting a break on visas is not the only sanction that the U.S. is willing to consider.

 

This list was also published to comply with section 353 of the U.S.-Northern Triangle Enhanced Engagement Act, which states that the U.S. government is to publish a public list of individuals “who have knowingly engaged in acts that undermine democratic processes or institutions, engaged in significant corruption, or obstructed investigations into such acts of corruption in Guatemala, Honduras, and El Salvador.”

 

A State Department press statement defined the primary goal of publishing the list: “Our objective with these designations is to support the people of Guatemala, Honduras, and El Salvador in their efforts to form a democratic, prosperous, and safe region where people can contribute to and benefit from the democratic process, have confidence in public institutions, reduce inequality, and enjoy opportunities to create the futures they desire for themselves and their families.”

 

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