International Trade Criminal Law Constitutional Law

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
News & Analysis as of

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

The risk of self-incrimination in international cross-border disputes

The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd., [2004] O.J. No. 2120, is a good...more

The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

FBAR Penalty to Face Excessive Fines Clause Test

Last week, a federal jury in Miami found that Carl Zwerner had willfully failed to disclose his foreign bank account to the Treasury Department for calendar years 2004, 2005 and 2006. Zwerner now potentially owes the United...more

The Effect of Egypt's Broken Justice System on INTERPOL

The Egyptian justice system continues to suffer from the absence of basic due process, and we continue to see example after example of cases wherein defendants receive no protection from unfair trial proceedings. First, a...more

Courts are Consistently Ruling that the Act of Production Privilege Will Not Defeat Grand Jury Subpoenas Calling for Foreign Bank...

On December 13, 2013, the United States Court of Appeals for the Fourth Circuit issued its decision in United States of America v. Under Seal. On December 19, 2013, the U.S. Court of Appeals for the Second Circuit issued its...more

The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation

One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more

U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case

A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege...more

An introduction to the risk of self-incrimination in cross-border disputes

The right not to be compelled to incriminate oneself is a protection enshrined in both the United States Constitution and the Canadian Charter of Rights and Freedoms (the “Charter”). In reality, however, there is protection...more

Offshore Accounts Holders Have No Fifth Amendment Protections

In what is becoming an increasingly used attack vehicle, the Department of Justice (DoJ) is using the “required records doctrine” to compel taxpayer’s to produce what may be incriminating evidence of ownership or control of...more

Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe

The Right To Freedom Of Assembly And Expression In The European Union - A.) General Description Of The Applicable Legal Administrative Procedures - On a European level, fundamental rights are laid down in the...more

Foreign blogs cannot ignore local courts

The Italian Supreme Court held in relation to a foreign blog where articles inciting to racial hatred were posted that the crime of racist criminal organization and the jurisdiction of Italian courts were applicable if the...more

IRS Seeking 50% x 4 Penalties In FBAR Nonreporting Case

Taxpayers are required to disclose their ownership interests in foreign bank and financial accounts by filing a Form TD F 90-22.1, ...more

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Weekly Brief: $350K in Wine Leads to $14M Lawsuit [Video]

Mar. 28 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. The US Supreme Court hears oral arguments on two landmark civil rights cases focusing on gay marriage. Also, Italy's Supreme...more

Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required...

The Eleventh Circuit recently joined the Fifth, Seventh, and Ninth Circuits in holding that subpoenaed foreign financial records properly fall within the Required Records Exception to the Fifth Amendment privilege against...more

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Credit Crunch Digest -- February 2013

This issue of the Credit Crunch Digest focuses on fines against Royal Bank of Scotland for alleged Libor rate rigging; the Department of Justice’s lawsuit against Standard & Poors; developments in a mortgage-backed securities...more

INTERPOL and Religion

INTERPOL is dedicated to providing global cooperation between the law enforcement agencies for all of its member countries. Obviously, the primary goal of an organization such as INTERPOL is enforcement of the laws of its...more

Update on INTERPOL's Red Notice for TCI's Michael Misick: Part 2

In the last post, I addressed the latest events in the case of Michael Misick, former Premier of Turks and Caicos Islands (TCI). Today's post is a continuation of that discussion and an update of a related post from earlier...more

District Court Decides FBAR Penalty Assessment Case - Both A Win For The Government & For OVDP Participants

Here at Moskowitz LLP, A Tax Law Firm based in San Francisco, CA, we have been following just how the Internal Revenue Service will collect FBAR penalties once imposed outside the scope of any Offshore Amnesty Program. ...more

Borrowing Money From A Foreign Government May Make You A Subversive Organization In California

In 1941, Robert Noble, Ellis O. Jones and several other individuals were indicted for violating California’s Subversive Organization Registration Law. The defendants were active in a pro-German group called the Friends of...more

In Effort to Extradite UK Man in Piracy Case, DOJ Is Overreaching

A current anti-piracy case demonstrates the U.S. government’s intent to enforce its copyright laws not just beyond national borders, but beyond the extent of logic. The U.S. Department of Justice has issued an arrest warrant...more

Final Score in Egypt's Attack on NGO's: INTERPOL- 1, Political Oppression- 0

Today was a great day for transparency and political freedom. INTERPOL refused to allow the Red Notices as requested by Egypt against the non-governmental workers who are currently sought for prosecution in Egypt. In so...more

42 Results
|
View per page
Page: of 2

Follow International Trade Updates on: