United States v. Cao de Benos et al (S1 20 Cr. 15 (PKC)) (2022); Indictment

Date issued: Mar. 22 2022

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TURBOFAC Commentary (455 words)

Notes:

1) Read in conjunction with United States v. Griffith (1:20-cr-00015) (2021); OFAC "Licensing Determination". From a strictly legal basis standpoint, this is one of the most extraterritorially aggressive indictments of which we are aware. The indictment is of two non-U.S. persons, in connection with actions with little to no apparent U.S. nexus other than that they involved a U.S. citizen (and the DPRK mission to the UN, in NYC).

The key part of the indictment reads as follows:

13. It was a part and an object of the conspiracy that ALEJANDRO CAO DE BENOS and CHRISTOPHER EMMS, the defendants, and others known and unknown, would and did provide and cause others, including a U.S. person, to provide services to the DPRK, without first obtaining the required approval of OFAC, in violation of 50 U.S.C. § 1705(a), 31 C.F.R. §§ 510.206(a),