scholarly journals U.S. Arrest of Former Mexican Defense Minister on Drug Charges Poses Challenges for Future Counter-Narcotics Cooperation

2021 ◽  
Vol 115 (2) ◽  
pp. 334-340
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Drug Trafficking ◽  
The United States ◽  
Secretary General ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Cross Border ◽  
The U.S

In October 2020, the United States arrested former Mexican Defense Secretary General Salvador Cienfuegos Zepeda on drug conspiracy charges, accusing him of accepting bribes to aid a Mexican cartel in evading law enforcement and transporting drugs into the United States. Cienfuegos's arrest sparked diplomatic protests from Mexico, which negotiated to gain Cienfuegos's release before exonerating him and publicizing the U.S. investigation file in what the United States called a breach of the countries’ mutual legal assistance treaty. The incident also prompted Mexico to pass a new law curtailing cooperation with foreign agents and potentially imperiling the long-standing U.S.-Mexico alliance in the fight against cross-border drug trafficking.

scholarly journals Cuba, United States and fight against drug trafficking: ups and downs of a necessary cooperation

2021 ◽  
Vol 8 (4) ◽  
pp. 54-64
Author(s):  
Santiago E. Bejerano
Keyword(s):  
United States ◽  
Drug Trafficking ◽  
The United States ◽  
Barack Obama ◽  
Modern World ◽  
American Continent ◽  
Bilateral Relations ◽  
Alternative Scenarios ◽  
The U.S ◽  
Common Security

Given the geostrategic importance of Cuba for the entire American continent and the increasing complexity of the nature of security as such, and accordingly, of the mechanisms of ensuring it in the modern world, the problem of drug trafficking is rather high on the agenda of the U.S.-Cuban relations. The article examines the issue of combating drug trafficking in the context of bilateral relations between Cuba and the United States in order to assess the prospects for joint efforts on this track. The author presents a retrospective of mostly unilateral initiatives by U.S. presidents that did not lead to real tangible results, in particular due to the prevailing erroneous approach of militarization in the fight against drug trafficking. The new century requires new forms and a qualitatively higher level of interaction. With a noticeable warming in the dialogue with Cuba under Barack Obama the situation has changed in many respects, and quite a few initiatives of bilateral nature began to bear fruit. Nevertheless, with Donald Trump’s rise to power, there is an obvious setback in the rapprochement, in proof of which the author gives examples of specific destructive steps, although this position of the administration met if not open criticism, then proposals for alternative scenarios of the development of contacts between the states. The potential that exists in both countries for cooperation in this area can be realized provided that the interests of common security prevail over political disagreements and state channels of cooperation are strengthened, with the dynamics of this process being reflected in the situation in the region as a whole.

Sold—to the Highest Bidder in Japan: Operational Challenges and Culture

2015 ◽  
pp. 1-5
Author(s):  
Gerry Yemen ◽  
Kristin J. Behfar ◽  
Allison Elias
Keyword(s):  
United States ◽  
The United States ◽  
Japanese Firm ◽  
Cultural Norms ◽  
Exit Strategy ◽  
Cross Border ◽  
Start Up ◽  
Financial Benefits ◽  
Operational Issues ◽  
The U.S

Most talented executives can recognize when an acquisition has strategic or financial benefits, and in this case, the decision to be acquired was an appropriate exit strategy for a successful start-up. Peter Street’s start-up had been growing quickly and was building a reputation for reliability in a booming industry when a Japanese firm offered to pay a premium for the U.S. firm. Having done business in Japan (and extensively with the acquiring company) before the sale of his company, Street entered the acquisition with enthusiasm. As part of the deal, Street’s former company would continue to operate in the United States as a division of its parent company and Street would remain as CEO. A few months into the transition, however, Street discovered a huge difference between working with and working for the Japanese firm. Cultural norms for confronting seemingly small problems quickly became bigger operational issues, and Street experienced a growing dichotomy between corporate (in Japan) and his division (in the United States). This case focuses on the challenges of implementing a cross-border acquisition.

Cloudy days ahead: Cross-border evidence collection and its impact on the rights of EU citizens

2019 ◽  
Vol 10 (3) ◽  
pp. 227-250
Author(s):  
Lawrence Siry
Keyword(s):  
Law Enforcement ◽  
Cloud Storage ◽  
The United States ◽  
Legal Assistance ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Cross Border ◽  
Use Of Data ◽  
Evidence Collection ◽  
The Impact

In recent years, the development of cloud storage and the ease of cross-border communication have rendered the area of evidence collection particularly difficult for law enforcement agencies (LEAs), courts and academics. Evidence related to a criminal act in one jurisdiction might be stored in a different jurisdiction. Often it is not even clear in which jurisdiction the relevant data are, and at times the data may be spread over multiple jurisdictions. The traditional rules related to cross-border evidence collection, the mutual legal assistance treaty (MLAT) regimes, have proved to be out-dated, cumbersome and inefficient, as they were suited for a time when the seeking of cross-border evidence was more infrequent. In order to tackle this problem, the United States has enacted the Clarifying Lawful Overseas Use of Data Act, which gives extraterritorial e-evidence collection powers to US courts. Simultaneously, the European Union (EU) has proposed similar sweeping changes which would allow for LEAs in Member States to preserve and collect cloud-based evidence outside of the MLAT system. This article critically evaluates these developments from the perspective of the impact on the rights of EU citizens.

Netherlands-United States: Treaty on Mutual Legal Assistance

1982 ◽  
Vol 21 (1) ◽  
pp. 48-57
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Department Of State ◽  
Statutory Authority ◽  
The Hague ◽  
Criminal Matters

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty on Mutual Legal Assistance between the United States of America and the Kingdom of the Netherlands, together with a related exchange of notes, signed at The Hague on June 12,1981.I transmit also, for the information of the Senate, the report of the Department of State with respect to the treaty.The treaty is one of a series of modern mutual assistance treaties being negotiated by the United States. The treaty is self-executing and utilizes existing statutory authority.The new treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the treaty includes: (1) executing requests relating to criminal matters; (2) taking of testimony or statements of persons; (3) effecting the production, preservation, and authentication of documents, records, or articles of evidence.

scholarly journals Domestic Lending and the Pandemic: How Does Banks' Exposure to Covid-19 Abroad Affect Their Lending in the United States?

2021 ◽  
Vol 2021 (056) ◽  
pp. 1-45
Author(s):  
Judit Temesvary ◽  
◽  
Andrew Wei ◽  
Keyword(s):  
United States ◽  
Spillover Effects ◽  
The United States ◽  
Registry Data ◽  
Cross Border ◽  
Foreign Countries ◽  
The U.S

We study how U.S. banks' exposure to the economic fallout due to governments' response to Covid-19 in foreign countries has affected their credit provision to borrowers in the United States. We combine a rarely accessed dataset on U.S. banks' cross-border exposure to borrowers in foreign countries with the most detailed regulatory ("credit registry") data that is available on their U.S.-based lending. We compare the change in the U.S. lending of banks that are more vs. less exposed to the pandemic abroad, during and after the onset of Covid-19 in 2020. We document strong spillover effects: U.S. banks with higher foreign exposures in badly "Covid-19-hit" regions cut their lending in the United States substantially more. This effect is particularly strong for longer-maturity loans and term loans and is robust to controlling for firms’ pandemic exposure.

Detecting Healthcare Fraud and Abuse in the United States

2017 ◽  
Author(s):  
Paul Jesilow ◽  
Bryan Burton
Keyword(s):  
United States ◽  
Law Enforcement ◽  
White Collar Crime ◽  
The United States ◽  
Insurance Companies ◽  
Corporate Behavior ◽  
Illegal Activities ◽  
The Government ◽  
Almost All ◽  
The U.S

Healthcare fraud involves wide-ranging illegal behaviors. It includes such activities as individual physicians who bill insurance companies or the government for services that were never provided, as well as corporate behavior, such as pharmaceutical companies that falsify clinical tests in order to get unsafe drugs approved for use. Thousands die each year in the United States due to these behaviors, including deaths from incorrectly prescribed medications or from tainted drugs that were approved by the U.S. Food and Drug Administration based upon fraudulent testing and reporting. Thousands of additional patients likely are injured and killed by unnecessary surgeries performed by physicians who want to maximize their reimbursements. The illegal activities also add billions of dollars each year to the total healthcare cost in the U.S. Despite these costs, there is relatively little outrage as a result of the behaviors, largely because they remain hidden from public view. Healthcare fraud, as with almost all white-collar crime, is rarely detected and that prevents the frauds from becoming known to victims, law enforcement, and policy makers, which in turn prevents analysts from compiling a complete picture of the behaviors and prevents policymakers and law enforcement from developing efficient enforcement strategies. Moreover, the lack of detection assures perpetrators that they will get away with their crimes and limits the potential preventative effects of punishment. Lack of detection and reporting has been a particularly strong problem for those trying to control healthcare fraud and abuse in the United States and elsewhere. The enforcement mechanisms that have evolved have been strongly influenced by the difficulties of detecting the illegal behaviors.

35 United States of America

2018 ◽  
Author(s):  
Cohn Joshua
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
New York State ◽  
The United States ◽  
Cross Border ◽  
Security Interest ◽  
Bankruptcy Code ◽  
The Right ◽  
The U.S

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.

Stakeholders in Reform of the Global System for Mutual Legal Assistance

2017 ◽  
Author(s):  
Peter Swire ◽  
Justin Hemmings
Keyword(s):  
Law Enforcement ◽  
The United States ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Electronic Evidence ◽  
Key Stakeholders ◽  
Reform Project ◽  
The Us ◽  
Us Government ◽  
National Governments

This chapter briefly explains the reasons that Mutual Legal Assistance Treaties (MLATs) and other forms of trans-border access to electronic data are vital and becoming increasingly more so for law enforcement in this age of globalized evidence. It then presents the goals of key stakeholders in MLAT reform: national governments other than the United States; the US government, both for law enforcement and other goals; technology companies, such as email and social network providers; and civil society, seeking goals including privacy, free speech, and democracy. This chapter is part of a broader research and law reform project on law enforcement access to electronic evidence held in other nations. Our ultimate goal is to propose reforms (or meaningful alternatives) to the Mutual Legal Assistance (MLA) system. Any such reforms, however, will have to be built on an accurate understanding of the incentives and perspectives of the major stakeholders.

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