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The U.S. Midwest Is Foreign Oligarchs’ New Playground
Foreign Policy
Casey Michel and Paul Massaro
Thursday, June 03, 2021

Forget Manhattan or Monaco; it’s cities like Cleveland that are now attracting ill-gotten money from abroad.

For many in the West, the notion of kleptocracy—of transnational money laundering tied to oligarchs and authoritarians bent on washing billions of dollars in dirty money—remains a foreign concept. It conjures images of oligarchs purchasing penthouses in Manhattan or regime insiders floating aboard yachts along the French Riviera or maybe even the children of despots racing luxury cars down the streets of Paris. With pockets bulging with billions of dollars in illicit wealth, it makes a certain sense why these kleptocrats would gravitate toward other deep-pocketed areas.

But these kleptocrats are no longer just laundering and parking their dirty money in places like MiamiMalibu, and Monaco. Instead, they’ve begun targeting new areas for their laundering sprees, places few would suspect: from declining, second-tier cities like Cleveland, Ohio, to small factory and steel towns across the American Midwest. In so doing, these kleptocratic figures are no longer simply keeping luxury condos on standby or collecting fleets of private jets and high-end automobiles. Instead, they’re increasingly leaving a trail of destruction in their wake, demolishing the economies of working-class towns and leaving behind empty, sagging downtowns as relics of better times.

Take, for instance, the ongoing story of Ukrainian billionaire Ihor Kolomoisky. Recently sanctioned by the United States for his rank corruption, Kolomoisky stands accused by Ukrainian and U.S. authorities of overseeing one of the greatest Ponzi schemes the world has ever seen. Running PrivatBank, one of Ukraine’s leading retail banks, for years, Kolomoisky crafted an image of a successful entrepreneur devoted to Ukraine’s growing middle class. However, not long after Ukraine’s successful anti-authoritarian revolution in 2014, Ukrainian authorities began poking around the ledgers of Kolomoisky’s bank. Their findings were staggering. Ukrainian investigators—led by Valeria Gontareva, then-reformist head of Ukraine’s banking governing body—discovered a $5.5-billion hole in the middle of PrivatBank’s books.

The hole forced Kyiv to nationalize the bank, plugging an institution that was too big to fail and sending Kolomoisky on the run. When it came to Ukrainian banks transforming into money laundering machines, “PrivatBank wasn’t an exception,” Gontareva told Foreign Policy. “The problem was that it was the biggest one.”

The immediate question was an obvious one: Where had the money gone? As journalists discovered, and as the U.S. Justice Department has alleged in a series of filings in recent months, Kolomoisky didn’t direct the missing billions of dollars into London flats or mansions on the Italian coastline. Instead, as U.S. and Ukrainian investigators discovered, Kolomoisky and a network of enablers plowed much of the money into commercial real estate in places like Cleveland and Louisville, Kentucky—and into small towns reliant on manufacturing plants and steel factories in Illinois, West Virginia, and Michigan. Rather than use the illicit money to play alongside the world’s elite, Kolomoisky and his network allegedly buried their money in the heart of Middle America, using a series of shell companies and cash purchases to obscure their trail.

Why would a foreign oligarch decide to hide hundreds of millions of dollars (and potentially more) across overlooked pockets of the United States? Kolomoisky’s example offers three possible motivations. The first reason lies in the obscurity of smalls town like Warren, Ohio, and Harvard, Illinois. Few investigators, journalists, and authorities would have paid any attention to these purchases, let alone asked questions about the source of funds. Unlike places like Seattle, Dallas, or New York City, where the United States now effectively bars anonymous real estate purchases, much of the rest of the country remains perfectly open for the kinds of anonymous real estate purchases at the heart of kleptocratic networks.

The second reason appears directly linked to the economic decline of many of these overlooked regions, especially following the Great Recession. For many of these assets, the only buyers are often kleptocrats with deep pockets. In Cleveland, for instance, Kolomoisky’s network of enablers swooped into town when no one else appeared interested, snapping up numerous massive downtown buildings in the post-2008 world. According to a local Cleveland journalist who requested to speak on background, Kolomoisky’s network simply “showed up in Cleveland and started buying when no one else was buying.” Eventually, the oligarch and his team became the biggest commercial real estate holders in the entire city. And that dynamic—with kleptocratic money the only game in town—meant those on the receiving end had no incentive to look this foreign gift horse in the mouth, even when the signs of money laundering were clear.

And the ease of entering these markets meant Kolomoisky and his network could do whatever they wanted with these assets—even running them into the ground as they did time and again. Indeed, Kolomoisky never appeared interested in turning a profit for any of these U.S. assets but instead using them simply as something of a kleptocratic nest egg, far away from Ukrainian authorities. According to court documents, Kolomoisky used his U.S. investments simply as nodes in his laundering network, allowing them to slowly fall apart—but not before, in some cases, these assets’ slow-motion collapse sent Americans to the hospital with debilitating injuries.

This happened time and again across the American Rust Belt and Midwest. The steel plant in Warren, now shuttered, looks like something out of a dystopian landscape, with cavernous holes gouged in the siding and walls covered in rust—and with all of its former employees now without jobs. A hulking manufacturing plant in the town of Harvard, Illinois—a plant that should have been the economic lifeblood for the town—has been left to rot, with the cash-strapped city left to pick up the tab. (“The building is f—ing cursed,” Michael Kelly, the town’s mayor, told us.) And rather than investments and the dreamed-of revitalization, Cleveland has been left with, as one local paper said, a “gaping hole” in its downtown, courtesy of the investments Kolomoisky and his network let effectively implode. As the local  journalist familiar with the Kolomoisky-linked purchases added, “They pretty much ruined everything they touched.”

Over and over again, Kolomoisky and his network allegedly turned to Middle America—overlooked towns, forgotten areas, regions that needed an economic lifeline, whatever the source—for their massive laundering needs. And in so doing, they revealed kleptocrats no longer simply turn to the coasts or the cultural capitals and beach-front areas traditionally associated with modern kleptocracy. Main Street America is now a target for this corrosive, kleptocratic capital, draining these areas of whatever hope or promise remained.

“I like to use the analogy of—if you’ve ever lived out in the far West—a dry streambed,” said former FBI agent Karen Greenaway, who’d been involved in tracking transnational money laundering for years, in 2019 congressional testimony at the Helsinki Commission, an independent U.S. federal agency focusing on human rights and pro-democracy policies. “Dirty money is like a rainstorm coming into a dry streambed. It comes very quickly, and a lot of it comes very fast, and the stream fills up, and then it gets dry again.” Yet the sources of illicit wealth—those behind the dirty money flood—aren’t interested in turning their investments into productive, job-creating engines. “What we have is people who don’t live in the United States, who don’t have any intention of really investing in the United States, but they needed a place to put their money,” Greenaway continued. “I think it’s hurting small-town America. I just don’t think that we’ve come to that realization yet.”

Thankfully, U.S. legislators are finally starting to propose solutions and beginning to center the kind of kleptocracy embodied by Kolomoisky at the heart of proposed reforms. Although the polarization of Congress is taken for granted these days, counter-kleptocracy efforts remain an important space where Democrats and Republicans continue to agree. As such, a bipartisan slate of legislators will be launching a “Caucus Against Foreign Corruption and Kleptocracy” on June 10, seeking to advance solutions and educate other members on the corrosive effects of kleptocracy, especially as it pertains to its effects on mainstream Americans.

The proposed solutions address three primary prongs of counter-kleptocracy efforts. The first of these proposals entails enhancing resiliency at home by building legal and financial systems more resistant to the taint of corruption. Congress took a significant step forward last year by banning anonymous shell company formations, long a favorite tool of kleptocrats moving their money around the West. But it hasn’t stopped there. Congress will soon be debating the Transnational Repression Accountability and Prevention Act, a critical piece of legislation to counter authoritarian regimes increasingly reaching into democratic countries to target dissidents and journalists (such as what we recently saw out of Belarus). Kleptocratic regimes do this via things like Interpol, which is itself regularly abused by these governments and figures to harass and silence dissidents and critics, ensuring their stolen money remains hidden elsewhere. Among other things, this bill would effectively protect the U.S. judicial system from abuse by kleptocrats and would aid U.S. efforts to reform rule-of-law governance mechanisms within Interpol.

The second prong of proposed reforms targets kleptocrats directly, including the use of sanctions, visa bans, intelligence networks, and law enforcement authorities to disable individual kleptocrats and ensure they cannot corrode democratic institutions. Congress took another step forward last year with the passage of the Rodchenkov Anti-Doping Act, a rare extraterritorial criminal statute that enables U.S. law enforcement to indict and pursue “doping fraud,” the use of doping regimes to defraud athletes, businesses, and states—a common tactic of authoritarian kleptocracies at international games. Congress is also now set to debate the Foreign Extortion Prevention Act (FEPA). If passed, this bill would serve as a long-awaited complement to the Foreign Corrupt Practices Act (FCPA). Where the FCPA makes it illegal for a company to pay a bribe abroad, FEPA will make it a crime for a foreign official to demand a bribe. This creates liability for the kleptocrats who extort law-abiding companies. These kleptocrats can then be arrested and tried when they travel to the West to spend and launder their ill-gotten gains.

Finally, the third prong centers on building the rule of law abroad, including emphasizing more targeted uses of foreign aid to fight corruption as well as working closely with allies to dismantle the broader offshore economy. For instance, the Countering Russian and Other Overseas Kleptocracy Act, recently introduced in the Senate by Democratic Sen. Ben Cardin and Republican Sen. Roger Wicker, would create an “anti-corruption action fund” that accumulates money via a surcharge on fines from the FCPA. These resources can then be surged into countries undergoing significant democratization movements and reforms (such as Ukraine following its successful 2014 revolution), providing increasing resources for investigators in recipient countries to track how these kleptocrats loot, launder, and stash their ill-gotten gains abroad—including in places like small-town America.

whole host of other ideas are under discussion in Congress, many of which will be spearheaded by the forthcoming “Caucus Against Foreign Corruption and Kleptocracy.” And the ideas can’t come a moment too soon. As the case of Kolomoisky clearly illustrates, kleptocracy and the regimes that benefit are no longer things that simply happen abroad or in elite, coastal enclaves. Until these bills are passed and currently floated ideas are implemented, these kleptocrats will continue to assume they can target any U.S. state, city, or town they’d like—and that they can upend the lives of Americans regardless of profession or political leaning.

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  • Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.

  • Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE Region

    WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.

  • Congress to Launch Counter-Kleptocracy Caucus at June 10 Event

    WASHINGTON—At a virtual kickoff event on June 10, Rep. Tom Malinowski (NJ-07), Rep. John Curtis (UT-03), Rep. Bill Keating (MA-09), and Rep. Brian Fitzpatrick (PA-01) will launch the Congressional Caucus against Foreign Corruption and Kleptocracy. Helsinki Commission Chairman Sen. Ben Cardin (MD) will welcome the formation of the caucus at the event. PUTTING KLEPTOCRACY IN THE CROSSHAIRS Launch of the Congressional Caucus Against Foreign Corruption and Kleptocracy Thursday, June 10, 2021 4:00 p.m. Register: https://bit.ly/3uLlvXA The Congressional Caucus against Foreign Corruption and Kleptocracy will educate and mobilize Members of Congress on the cross-jurisdictional nature of foreign corruption and identify bipartisan opportunities to work together to curb kleptocracy. Opening remarks by members of Congress will be followed by a civil society panel. Participants include: Gary Kalman, Director of the U.S. Office, Transparency International USA Nate Sibley, Research Fellow, Kleptocracy Initiative, Hudson Institute Frederik Obermaier, Investigative Journalist, Süddeutsche Zeitung; Co-Founder, Anti-Corruption Data Collective Elaine Dezenski, Senior Advisor, Foundation for the Defense of Democracies “The fight against corruption needs to be seen as a national security priority of the highest order. The Caucus Against Foreign Corruption and Kleptocracy will be the first institutionalized congressional body dedicated to information-sharing and to finding solutions to the problem of global corruption,” said Chairman Cardin, who, along with Helsinki Commission Ranking Member Sen. Roger Wicker (MS), recently introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act to upgrade America’s anti-corruption efforts. “This new caucus will elevate the problem of corruption so it can receive the high-level attention required to deter such corrosive activity.” “From Russia to China to Egypt and Venezuela, corruption is the essence of modern dictatorship, but also its biggest vulnerability,” said Rep. Malinowski. “The best way for the democratic world to win our struggle with authoritarianism is to deny these thieves who are looting their countries access to our financial systems and to stand with the victims of kleptocracy everywhere.” “Capitalism backed by the rule of law has been a key to the liberty and success of the United States and many of our allies. Global corruption—particularly that driven by the Chinese Communist Party—eats away at that rule of law and severely threatens liberty across the world,” said Rep. Curtis. “I look forward to working with colleagues on this caucus to explore and promote bipartisan efforts to combat authoritarian corruption across the globe.” “Russia and China seek to export strategic corruption and their brand of digital authoritarianism in an attempt to undermine the foundation of our democracy and that of our allies. Together my colleagues and I have recognized their malign tactics and are compelled to respond. For this reason,  I am standing with my colleagues to launch this Caucus as an extension of the vital work I lead as Chairman of the House Foreign Affairs Committee Subcommittee on Europe, Energy, the Environment and Cyber to counter foreign corruption and kleptocracy,” said Rep. Keating. “The fight against corruption offers the first opportunity in a generation to harmonize our domestic and foreign policy in service of American values,” said Rep. Fitzpatrick. “I spent my career as an agent of the Federal Bureau of Investigation fighting corruption at home and overseas and now am honored to work on a bipartisan basis with my colleagues to do the same.” The new caucus will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit rule of law jurisdictions to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans several of committees of jurisdiction, the caucus will allow members and staff to share perspectives and coordinate efforts to confront the growing threat of foreign corruption. The caucus will hold periodic hearings, sponsor informal roundtables and staff briefings with leading experts, coordinate oversight letters and legislative initiatives, and facilitate information-sharing across committees. Other founding members of the Caucus against Foreign Corruption and Kleptocracy include Helsinki Commissioner Rep. Steve Cohen (TN-09), as well as Rep. Sheila Jackson Lee (TX-18), Rep. Sara Jacobs (CA-53), Rep. Marcy Kaptur (OH-09), Rep. Dean Phillips (MN-03), Rep. Katie Porter (CA-45), Rep. Abigail Spanberger (VA-07), Rep. Jack Bergman (MI-01), Rep. Anthony Gonzalez (OH-16), Rep. Adam Kinzinger (IL-16), Rep. Peter Meijer (MI-03), Rep. Maria Salazar (FL-27), and Rep. Mike Waltz (FL-06).

  • Helsinki Commissioners Welcome Report on Governance of World Anti-Doping Agency

    WASHINGTON—Following the May 17 report of the Office of National Drug Control Policy (ONDCP) on World Anti-Doping Agency (WADA) governance reforms, Helsinki Commission Chairman Sen. Ben Cardin (MD), Ranking Member Sen. Roger Wicker (MS), and Commissioner Sen. Sheldon Whitehouse (RI) issued the following statements: “We must fight the influence of Russian corruption wherever we find it. The Russian doping scandal at the 2014 Sochi Olympics severely tainted international sport; seven years later, the Kremlin has paid no price,” said Chairman Cardin. “I welcome the Biden administration’s constructive approach to reforming international sport institutions and hope that the World Anti-Doping Agency will engage positively to eliminate conflicts of interest and protect itself from corruption. International sport should showcase the best of humanity’s accomplishments, not the worst of its faults.” “I commend the Biden administration for maintaining a bipartisan commitment to reform the World Anti-Doping Agency,” said Sen. Wicker. “Thanks to the Rodchenkov Anti-Doping Act, the criminal networks behind doping finally will be held accountable, and whistleblowers who expose doping fraud will be protected. WADA should now follow suit. Athletes should have a real voice in the organization and help to bring an end to the deep-set conflicts of interest among those who run WADA.” “From state-sponsored doping programs like Putin’s to driven individual cheaters, there’s always someone trying to game the system. We need a powerful cop to enforce doping rules and safeguard the integrity of international sport, and this report shows how far WADA is from being that cop,” said Sen. Whitehouse. “The Department of Justice must be prepared to enforce the Rodchenkov Anti-Doping Act, including levying stiff penalties on those engaging in doping fraud conspiracies. This is another battle in the war between scammers and kleptocrats and the rule of law; we cannot let those dark forces win.” The Rodchenkov Anti-Doping Act became law on December 4, 2020. It establishes criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods; provides restitution to victims of such conspiracies; protects whistleblowers from retaliation; and establishes requirements to coordinate and share information with the United States Anti-Doping Agency (USADA). The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency, the U.S. Olympic and Paralympic Committee, the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball, the National Football League, the National Hockey League, and PGA TOUR. In April 2021, the U.S. Helsinki Commission released a podcast episode interviewing Dr. Grigory Rodchenkov, who exposed the 2014 Russian state-sponsored doping scandal, on the passage of the legislation that bears his name and his expectations for enforcement of the new extraterritorial criminal law.

  • The Fight Against Corruption Needs Economists

    Combating corruption and kleptocracy has traditionally been an afterthought in U.S. foreign policy: a goal that most policymakers considered laudable but hardly a priority. That attitude is no longer acceptable. In recent years, countries such as China and Russia have “weaponized” corruption, as Philip Zelikow, Eric Edelman, Kristofer Harrison, and Celeste Ward Gventer argued in these pages last year. For the ruling regimes in those countries, they wrote, bribery and graft have “become core instruments of national strategy” through which authoritarian rulers seek to exploit “the relative openness and freedom of democratic countries [that] make them particularly vulnerable to this kind of malign influence.” Strikingly, one particular form of financial aggression—covert foreign money funneled directly into the political processes of democracies—has increased by a factor of ten since 2014. Over roughly the same period of time, American voters have become highly receptive to narratives about corruption, and politicians across the ideological spectrum now routinely allege that the economy is rigged and deride their opponents as crooked and corrupt. Thus, the needs of U.S. foreign policy and domestic politics have neatly aligned to offer a historic opportunity for a sweeping anticorruption campaign that would institutionalize transparency, resilience, and accountability throughout the United States and in the international financial, diplomatic, and legal systems. President Joe Biden, his closest foreign policy advisers, and an increasingly active cohort of lawmakers are intent on carrying out precisely that kind of effort. But there is one big problem: leaders in the Treasury Department and some of the officials running international economic policy in the Biden administration are not fully on board. Their reluctance to focus on corruption could severely hinder the mission, because they control the most powerful tools that Washington can bring to the fight. Follow the Money No American political figure has done more to frame corruption as a national security issue than Biden. As vice president, he led the U.S. fight against graft abroad and publicly warned in 2015 that, for authoritarian states, “corruption is the new tool of foreign policy.” Writing as a presidential candidate in these pages, Biden promised to issue a policy directive enshrining anticorruption as a core national security interest and pledged to “lead efforts internationally to bring transparency to the global financial system” and to “go after illicit tax havens.” Fighting corruption will be a major focus of the Summit for Democracy that Biden pledged to host in his first year in office. The foreign policy specialists who have spent years working with Biden are all in sync on this issue. In his first major speech as secretary of state, Antony Blinken prioritized fighting corruption in the contexts of both economic inclusivity and democratic renewal. Blinken has already bestowed honorary awards on anticorruption activists and banned the most powerful oligarch in Ukraine from entering the United States due to corruption; he is now considering naming an anticorruption special envoy. Samantha Power, who heads the United States Agency for International Development, recently wrote that fighting corruption is crucial to restoring U.S. leadership and pledged that doing so would be “a huge priority” at the agency under her leadership. In his first interview after being named the national security adviser, Jake Sullivan said that combating corruption and kleptocracy is one of his highest goals, and the administration’s interim national security strategic guidance mentions corruption half a dozen times. The leadership at the Treasury Department, however, does not seem nearly as focused on the issue, taking few specific steps to start fighting corruption in the first 100 days of the administration. Until recently, the word “corruption” never appeared in any Treasury speeches, tweets, readouts of calls with foreign officials, or press releases (except for mostly stock language in a few sanctions announcements). In late April, Treasury did release an expression of support for a British anticorruption initiative. But according to one administration official, the White House instructed Treasury to make that statement. When Treasury Secretary Janet Yellen separately addressed international standards against dirty money, rather than calling for a focus on corruption, she emphasized two other priorities: the role of virtual assets such as cryptocurrencies and the financing that enables the proliferation of weapons. At first, Yellen’s inattention to corruption seemed entirely understandable, because she was focused on the public health and economic crises caused by the pandemic. But when she laid out her international agenda in a February letter to the G-20 and in a major speech in April, she did not describe combating corruption and kleptocracy as a priority. Correcting these omissions in a clear and public way should be a top priority for Treasury’s second 100 days. Dirty Money, Dismal Science Mobilizing financial regulations and international diplomacy to wage war on corruption and kleptocracy might not come naturally to economists, even accomplished ones such as Yellen and her staffers, because economics has come to be seen as an academic discipline independent of the realities of state power. That is partly because, during the Cold War, Washington’s strategic goals and its economic interests generally converged: in an ideological competition against communism, the spread of free trade and free markets also naturally advanced the geopolitical campaign to win support for liberal democratic capitalism. Hence there was little need for American economists to pay close attention to strategic considerations, because there was not much tension between purely economic interests and U.S. grand strategy. Since then, however, the nature of authoritarian regimes has evolved, with strategic implications for U.S. policy. Instead of trying to win over the hearts and minds of the masses with communist ideology, the countries that threaten U.S. power today are organized as kleptocracies, stealing from their own people to buy the loyalty of cronies. They hide their ill-gotten gains in Western markets, which presents an Achilles’ heel if financial authorities can manage to find their dirty money. Unfortunately, this new reality has not yet been taken on board by most economists. In many cases, their views have been shaped by a neoliberal consensus that fails to account for the ways in which deregulation and globalization opened pathways to subvert American democracy and reinforce the power of kleptocracies. Meanwhile, policymakers hoping to shift away from neoliberal dogma have generally not included anticorruption as an element of economic policy. The Biden administration’s vision of a “foreign policy for the middle class,” for example, leaves out fighting corruption. Elsewhere, the administration has cast anticorruption efforts as part of its campaign to revitalize democracy rather than as part of its agenda to set international economic policies that can serve all Americans. And when Yellen has described the costs of corruption, she has focused on its negative effects on growth and poverty in other countries rather than the threat it poses to U.S. national security. All Aboard If Biden wants to make progress against corruption, he needs to push his Treasury Department to get with the program. A good first step would be to start preparing a National Corruption Risk Assessment that would expose the financial networks used by oligarchs and kleptocrats. Next month, the department will publish guidance for banks regarding anti–money laundering priorities, and it should use that occasion to emphasize the risks of corruption. And for a broader public audience, a top Treasury official should give a major speech launching a war on corruption, perhaps at the first-ever United Nations session dedicated to corruption, which is scheduled for early June. Treasury should also develop strong regulations for implementing a law that Congress enacted in January that outlaws anonymous shell companies. According to a number of anticorruption experts who maintain contacts in the administration and who have been imploring senior Treasury officials to prioritize this issue, the department was initially reluctant to designate a senior official to serve as a point person for these regulations. Eventually, public pressure from outside critics and private urging from security and economic officials in the White House led to an appointment. Citing funding constraints, however, Treasury has still not hired outside experts to advise it on enforcing the new law, such as civil society advocates who know which regulations to prioritize, what lobbying pushback to expect, and how to close loopholes through seemingly mundane steps such as updating standard forms. Fortunately, lawmakers are ramping up pressure on Treasury to get serious about prioritizing anticorruption. On May 3, Representative Tom Malinowski, Democrat from New Jersey, and Senator Sheldon Whitehouse, Democrat from Rhode Island, wrote a letter to Yellen to “underscore the crucial role of Treasury in combatting international corruption and kleptocracy and to urge you to take early steps to confront this key national security threat.” Malinowski and Whitehouse argued that “the top policy priority in the fight against dirty money should now become the expansion of [anti–money laundering] obligations to cover financial facilitators and professional service providers that can enable corruption.” They recommended first regulating private equity firms and hedge funds before moving on to real estate companies, lawyers, accountants, and others who sometimes enable bribery and graft. They also suggested that Treasury should “lead a landmark international agreement to end offshore financial secrecy and illicit tax havens once and for all . . . backed up by concrete commitments around an array of reporting mechanisms.” Malinowski and Whitehouse also called on Yellen to develop a medium-term anti-kleptocracy plan and appoint anticorruption specialists at Treasury. Meanwhile, the Helsinki Commission—an interagency body created by Congress in 1975 to coordinate security policy with Europe—plans to launch a new “counter-kleptocracy caucus” in June to share perspectives and coordinate efforts across political parties and congressional committees. Congressional attention to this issue is good news. But to live up to Biden’s ambitious vision for fighting corruption, his entire administration needs to match Capitol Hill’s energy. And that means making sure that every department—including Treasury—devotes itself to the effort.

  • Wicker, Cardin Reintroduce Bill to Fight INTERPOL Abuse

    WASHINGTON—Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Sen. Ben Cardin (MD) today reintroduced the Transnational Repression Accountability and Prevention (TRAP) Act to counter the politically-motivated abuse of INTERPOL by authoritarian regimes. The bill would establish U.S. priorities for responding to INTERPOL abuse and promoting reform within INTERPOL, improve the U.S. response to fraudulent use of INTERPOL mechanisms, and protect the U.S. justice system from INTERPOL abuse. “Autocratic states like Russia and China for years have abused Red Notices from INTERPOL to punish their political enemies,” Sen. Wicker said. “The United States and other democracies should not have to remain complicit in this global assault on the rule of law. The TRAP Act would push for due process at INTERPOL and codify regulations that prevent American law enforcement from doing the dirty work of repressive autocrats.” “Autocrats increasingly seek to silence opposition beyond their borders—and INTERPOL has become one of their primary tools to harass and silence independent voices,” said Chairman Cardin. “The United States must ensure that dissidents and whistleblowers seeking refuge in the U.S. are beyond the reach of the authoritarian regimes that seek to punish them, even within the United States. The TRAP Act would be a major step forward in countering such authoritarian transnational repression.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original cosponsors of the legislation include Helsinki Commission members Sen. Thom Tillis (NC), Sen. Sheldon Whitehouse (RI), and Sen. Marco Rubio (FL). Sen. Ed Markey (MA), Sen. Mike Rounds (ND), and Sen. Chris Van Hollen (MD) also are original cosponsors.

  • Cardin, Hudson Pledge Support to Ukraine in Bilateral Call Between OSCE PA Delegations

    WASHINGTON—In response to increased Russian aggression against Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Rep. Richard Hudson (NC-08) initiated an exceptional bilateral meeting with members of the Ukrainian Delegation to the OSCE Parliamentary Assembly (OSCE PA) on April 30.  Chairman Cardin, who serves as Head of the U.S. Delegation to the Assembly, and Rep. Hudson, who is a member of the delegation and chairs the OSCE PA’s General Committee on Political Affairs and Security, sought the meeting to express the support of the United States for Ukraine’s territorial integrity and sovereignty and to solicit the Ukrainian lawmakers’ perspectives on the ongoing crisis. Ukrainian participants included parliamentarians Mykyta Poturaiev (Head of Delegation) and Artur Gerasymov (Deputy Head of Delegation).  The exchange, which focused on the recent massing of Russian forces on Ukraine’s eastern border and in occupied Crimea, and the closure by Russia of parts of the Black Sea and the Azov Sea, also covered topics including: The militarization of occupied Crimea and widespread violations of fundamental freedoms there, with particular persecution directed toward Crimean Tatars The Crimean Platform, a Ukrainian diplomatic initiative to mobilize world leaders to raise the cost of Russia’s occupation of the peninsula, with the ultimate goal of de-occupation The effects of the Nord Stream 2 pipeline on Russian influence in Europe  The importance of continued reform processes in Ukraine, including in ensuring the rule of law and the independence of the judiciary and of Ukraine’s anti-corruption bodies Chairman Cardin and Rep. Hudson reiterated Congress’ strong and bipartisan support for the sovereignty and territorial integrity of Ukraine. Chairman Cardin underscored that the United States stood with Ukraine in the face of Russian aggression, which “violated every principle of the Helsinki Final Act,” he stated. He added that the Ukraine Security Partnership Act unanimously approved by the Senate Foreign Relations Committee on April 21 codified the U.S. security commitment to Ukraine and support for the Crimean Platform initiative, among other measures designed to strengthen the bilateral relationship. The United States remained “strongly and firmly united in our support for Ukraine,” Rep. Hudson said, pledging continued resolve in ensuring this message was clear to Russian authorities. Hudson, recalling a statement issued in his capacity as OSCE PA committee chair on April 7, also expressed readiness to engage fully in the parliamentary dimension of the Crimean Platform. In addition, the U.S. and Ukrainian delegates discussed plans for the 2021 Annual Session to be held remotely in late June and early July. 

  • Helsinki Commission Digital Digest: April 2021

  • Cardin and Wicker Welcome UK Magnitsky Corruption Sanctions

    WASHINGTON—Following today's announcement that the United Kingdom will sanction 22 individuals for corruption under the UK's Magnitsky legislation, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) issued the following statements: “I applaud the UK for moving forward with the establishment of a new Global Anti-Corruption sanctions regime.  Our Magnitsky sanctions can now be harmonized one-for-one—denying corrupt officials access to the two biggest financial hubs in the world,” said Chairman Cardin. “I urge the EU to adopt Magnitsky corruption sanctions, as well. Together, we can deny human rights abusers and kleptocrats safe haven and protect our own political systems from the taint of authoritarian corruption. Otherwise, this corruption will always flee to those democratic allies without sanctions laws.” “It is hard to overstate just how important it is that the UK has adopted Magnitsky corruption sanctions,” said Sen. Wicker. “London is a well-known hub of Russian and Chinese Communist Party corruption, which now faces the threat of sanctions. These sanctions will protect political systems while providing a measure of justice to those all over the world who have been denied it. Democratic allies must close ranks against the corruption of dictatorships.” Chairman Cardin was the lead author of the Global Magnitsky Human Rights Accountability Act in the United States. This law authorizes sanctions against human rights abusers and kleptocrats anywhere in the world. Sen. Wicker was an original cosponsor and partner in this effort. Magnitsky human rights and corruption sanctions have now been adopted by the United States, Canada, and the UK. The EU has adopted only Magnitsky human rights sanctions. Australia, Japan, and Taiwan are currently considering adoption of Magnitsky sanctions.

  • Helsinki Commission Leaders Call for Action to Support Navalny

    WASHINGTON—In response to the precarious health of Russian opposition leader Alexei Navalny in prison, threats to the future operation of his organization, and recent detentions of protestors calling for his release, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The world is watching in horror as Alexei Navalny wastes away in a Russian prison cell, while being inspired by the bravery of Russians who came out to the streets to support him,” said Chairman Cardin. “The Biden administration should  continue to raise the cost on Vladimir Putin and his remaining allies for this most recent attempt to intimidate those who would take up Navalny’s call to action by challenging the Kremlin’s corruption and standing up for their own freedom.” “Alexei Navalny was lucky to survive one assassination attempt, but he returned to his homeland in a powerful example of civic courage,” said Sen. Wicker. “Now as he suffers once again in a Russian prison, we should consider Mr. Navalny’s suggestion of sanctioning those closest to Vladimir Putin—including notorious oligarchs like Roman Abramovich, Alisher Usmanov, Igor Shuvalov, and Nikolay Tokarev. We will be monitoring his condition carefully.” “By jailing Alexei Navalny, branding his anti-corruption organization as ‘extremist,’ and targeting supporters of a free Russia, the Kremlin reveals its contempt for the fundamental rights of the Russian people,” said Rep. Wilson. “This is simply the latest attempt by Vladimir Putin to cling to power and it will ultimately fail.” In August 2020, Alexei Navalny was the victim of an assassination attempt by FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. Navalny is serving two years and eight months at one of Russia’s most notorious penal colonies, about three hours east of Moscow. He is accused of violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. He has severe back pain and numbness in his extremities. Prison authorities have prohibited him from seeing his own doctors, but recently allowed him to be examined outside the prison by independent physicians. Navalny spent three weeks on a hunger strike to protest his lack of access to an outside doctor and remains in critical condition. On April 16, the Moscow prosecutor’s office asked the Moscow City Court to label Navalny’s Anti-Corruption Foundation and its regional headquarters, as well as his Citizens’ Rights Protection Foundation, as “extremist” organizations. If approved as expected, it will essentially outlaw these groups and criminalize their activity. On April 21, thousands of protestors came out across Russia in support of Navalny. More than 1,000 people were detained, including members of the press.

  • Wicker, Shaheen Reintroduce Bill to Hold Russia Accountable for Its Religious Freedom Violations in Ukraine

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Jeanne Shaheen (NH) today reintroduced the bipartisan Ukraine Religious Freedom Support Act (S.1310). It is a companion bill to H.R. 496, introduced by Rep. Joe Wilson (SC-02) and Rep. Emanuel Cleaver (MO-05), which unanimously passed the House Foreign Affairs Committee yesterday. “The Kremlin’s current repression in Ukraine mirrors an ugly chapter from Soviet times when believers were persecuted for their religious faith,” said Sen. Wicker. “Vladimir Putin and his proxies should face real consequences for their brutal attempts to curtail the religious freedom of Ukrainians who suffer under this ruthless Russian occupation.” “There is a bipartisan urgency in Congress to demonstrate support for Ukraine in opposition to Putin’s cruelty, including his barbaric assault against peaceful religious communities. I’m proud to work with this group of lawmakers to reaffirm that sentiment and to stand up for democratic values around the world,” said Sen. Shaheen. “This legislation is an important step forward to hold Putin to account for his unlawful aggression against the Ukrainian people and the fundamental freedoms they hold dear.” The Ukraine Religious Freedom Support Act would authorize and require the president of the United States to consider particularly severe violations of religious freedom in the Ukrainian territory of Crimea and the Donbas—not just violations inside Russia’s internationally-recognized borders—when determining whether to designate Russia as a Country of Particular Concern (CPC). The bill reaffirms that “it is the policy of the United States to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force.” Russian forces invaded Crimea in February 2014 and continue to illegally occupy and attempt to annex it. The Kremlin has controlled parts of the Donbas region in eastern Ukraine since April 2014 with non-state armed groups and illegal entities it created and commands. Under international humanitarian law, including the Geneva Conventions, Russia is responsible for religious freedom violations in Crimea and parts of the occupied Donbas. The International Religious Freedom Act of 1998 requires the president to designate CPCs when their governments engage in or tolerate “particularly severe violations of religious freedom,” including killings, torture, abduction, and detention. It also requires the president to then take 15 specific actions, or commensurate action, unless exercising waiver authority, and to ban the foreign officials responsible from entering the United States. The Secretary of State has placed Russia on the Special Watch List for countries with severe violations every year since 2018. All participating States of the Organization for Security and Cooperation in Europe, including Russia, have repeatedly committed to respect and protect freedom of religion or belief. The Helsinki Commission has compiled 16 documents detailing religious freedom commitments that OSCE participating States have made.

  • Cardin and Wicker on April 15 Sanctions Against Russia

    WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.

  • Russian Whistleblower Dr. Rodchenkov Discusses Rodchenkov Anti-Doping Act’s Impact as Tool against Corruption at Upcoming Tokyo Olympics

    WASHINGTON—Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory who blew the whistle on Russia’s state-sponsored doping scheme, spoke out for the first time about the impact of the Rodchenkov Anti-Doping Act (RADA) during the latest episode of Helsinki on the Hill, the Helsinki Commission’s monthly podcast. Dr. Rochenkov called into the interview on a secure line from an undisclosed location to protect his safety and well-being. He discussed the blatant corruption that exists within the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and the larger world of international sport. “Immediately and now, [the Rodchenkov Act] is a game changer… those people who were part of [the] conspiracy, they will tighten their security because of fear,” said Dr. Rodchenkov.  “I know people who are core of the doping system...they are very clever.  They are very good.  Now they have some sort of Damocles sword above their heads.  It’s absolutely different feelings and style of life.  You were untouchable and not vulnerable before.  Now you are [the] victim.” The upcoming Tokyo Olympics, slated to take place in late July after a one-year postponement, will be the first international athletic event since the passage of the Rodchenkov Anti-Doping Act (H.R. 835) last December, which established criminal penalties on individuals involved in doping fraud conspiracies affecting major international competition. The law empowers the U.S. Department of Justice for the first time to investigate and prosecute these rogue agents who engage in doping fraud, provide restitution to victims, and protect whistleblowers from retaliation. Passage of the bipartisan legislation was spearheaded by then-Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. Dr. Rodchenkov emphasized the role of whistleblowers in exposing those complicit to the system, since by criminalizing sports doping as corruption, whistleblowers are now protected under U.S. witness protection laws. “Whistleblowers are of the paramount activity for the future fight against doping,” he said. Sen. Whitehouse has lauded Dr. Rodchenkov’s own courage as a whistleblower. “Thanks to Dr. Rodchenkov, we have a clear understanding of how Russia weaponized doping fraud as a tool of foreign policy.  After his visit to the Helsinki Commission three years ago, we decided to take action against the brazen corruption of Russia and other authoritarian states,” Sen. Whitehouse said.  “The new law bearing Dr. Rodchenkov’s name is an important tool for cracking down on global corruption in international sports and addressing the economic, security, and human rights issues caused by these crimes.” In 2018, Dr. Rodchenkov met with Helsinki Commissioners Sen. Ben Cardin (MD), Sen. Cory Gardner (CO), and Rep. Jackson Lee to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States could contribute to the international effort to counter doping fraud.

  • Behind new law, the FBI is getting into anti-doping, but not everyone wants the help

    Behind a new law it intends to wield like a “massive hammer,” the FBI is viewing this summer’s Tokyo Olympics as the first opportunity to expand its efforts to probe corruption in sporting events around the world. But given the reception the law received internationally when it was signed in December, the Summer Games instead might test whether U.S. investigators can expect cooperation or resistance from their global counterparts. The Rodchenkov Anti-Doping Act gives American prosecutors the ability to pursue anyone who conspires to cheat in major sporting events. Even before the law passed, Joseph Gillespie, the FBI’s unit chief overseeing transnational threats, launched the Sport and Gaming Initiative, focusing more attention and resources on investigating sports-specific crimes. He said investigators have met with Department of Justice officials and begun outreach with foreign law enforcement agencies and sports organizations to discuss ways to better police sports internationally. “We have this massive tool where it’s a codified thing that we can use to go after people,” Gillespie said. “You see lots of legislation come in, and sometimes it’s very loose and vague and not very expansive. This particular one, because of the elements, their definition of a major international sports competition, it’s quite expansive.” Born out of the Russia doping scandal, the law easily passed through Congress last year. But some international sports officials felt the United States was granting itself gratuitous powers, expanding its jurisdiction to any international sports event that includes an American athlete, is broadcast in the United States or features a sponsor that does business in the United States. The World Anti-Doping Agency railed against the bill, warning jurisdictional issues will complicate and undermine existing anti-doping efforts. The Tokyo Olympics could provide the first glimpse of how the law might be implemented, revealing the willingness of U.S. authorities to apply it, the level of cooperation they’ll receive from outside agencies and the hurdles inherent with enforcing extraterritorial laws. “These types of laws are helpful in terms of creating some kind of definition of the crimes. But their bark is often way worse than their bite,” said Mark A. Drumbl, director of the Transnational Law Institute at the Washington and Lee School of Law. “You can’t bring a case if you don’t have evidence. Without the transfer of people, information, witnesses, it leads to nothing.” The bill’s namesake, Grigory Rodchenkov, the whistleblower who helped expose the depths of the Russian scandal, said it will be needed in Tokyo, where Russia has been formally barred but dozens of Russian athletes will be allowed to compete as “neutral athletes from Russia.” In an email to The Washington Post, he said Russians “keep using doping as a weapon to test whether the international community will ever hold them to account.” “The Rodchenkov Act is now the ‘doping sword of Damocles’ hanging over the heads of the doping orchestrators who know that sooner or later they will be punished,” he said. “I do firmly believe that this law, and the U.S. Department of Justice and FBI, will bring a new day of real change, deterrence and justice to world sport.” ‘Absolutely inevitable’ Unique in the sports world, the Rodchenkov Act could be similar in practice to other extraterritorial laws, such as the RICO Act. The law equates doping with a form of fraud, victimizing athletes, sponsors and audiences who expect clean and fair competition. While the courts have helped define the reach and limits of other transnational laws, Congress tried to make the scope and reach of the Rodchenkov Act immediately clear. Paul Massaro, a policy adviser for the Helsinki Commission and a key architect of the legislation, has a background in anti-corruption, finance and trade and wanted a law that was practical and gave authorities proper guidance. In other sports-related cases — the FIFA investigation, for example — prosecutors have had to hunt for applicable pieces of the RICO and Travel acts. This law codifies the anti-doping crimes. “It is the real deal,” Massaro said. “It has real teeth, and we expect real enforcement. We expect real deterrence, and we have the capacity to do so. We’ve seen exactly this happen with all sorts of extraterritorial criminal law.” Massaro and Rodchenkov appeared this week on the “Helsinki on the Hill” podcast, one of the rare times Rodchenkov, the former head of Russia’s national anti-doping laboratory who now lives incognito in the United States, has spoken publicly. In the interview, he likened doping to a cancer that has metastasized over several years and said the world has “no remedy, no tool, no cannon or rifle to kill everything at once.” “Look, why Rodchenkov Act was inevitable? Because sport corruption and crime, they have close-link relations,” he said. “And if you take a helicopter view, what would we have in sport, we have several issues. It’s betting/gambling, sexism and doping. The first two issues, there are criminal laws and criminal things. So it was absolutely inevitable to bring criminal law enforcement into sport.” Passing a law and enforcing one are different matters. Extraterritorial criminal laws require cooperation at almost every level, Drumbl said, and even if the U.S. law is clearly defined, American authorities might need foreign support to vigorously pursue investigations. “Without the cooperation of other states — if the harm occurred somewhere else, if the information you need is somewhere else, if the wrongdoers are somewhere else — it’s just going to be hard in a practical, logistical sense to bring a case,” he said. “You need a lot of cooperation for this to work in a legal system. That’s the stuff that law makes more complicated. It’s not just politics. You’ve got to adhere to a whole set of standards.” Gillespie, too, says the FBI has had lengthy discussions with entities such as Interpol and the Council of Europe’s Network of National Platforms, in which more than 30 countries work together to probe sports competition. Known as the Group of Copenhagen, the multinational entity has relationships with organizations such as FIFA and the International Olympic Committee, and the FBI was among the agencies on-site at the 2019 Women’s World Cup, aiding real-time investigative efforts. “We need to increase our rapport and cooperation with the sporting organizations, those integrity elements,” Gillespie said. “And so to a certain extent, we have to kind of drop the FIFA in the past. That happened. We’re done. We’re not coming at you. We want to work with you to make sure that doesn’t happen within those organizations.” It’s not clear how much international sports organizations will welcome American authorities. WADA met with U.S. lawmakers last year to point out what it sees as problems with the legislation, and a spokesman said the organization’s position has not changed. “WADA as well as several governments and international sports organizations remain concerned that the Act could have a number of negative unintended consequences for the fight against doping in sport around the world,” WADA’s James Fitzgerald said in an email. “WADA continues to be ready and willing to assist the U.S. authorities in devising how best to implement the positive aspects of the Act without destabilizing the harmonized global anti-doping system.” Massaro said U.S. authorities won’t necessarily need the aid of organizations such as WADA to bring charges against bad actors. He notes that the Russian scandal unfolded under the watch of WADA and the IOC yet Russian athletes are still allowed to compete internationally. “The necessity will be minimal,” he said, “and honestly, in my opinion, it should be kept to a minimum. These organization are compromised, and they are part of the problem.” A test in Tokyo The FBI has been active in sports investigations in the past, but in establishing the Sport and Gaming Initiative last year, Gillespie said the agency was realigning resources, educating field offices and firming up relationships with sports organizations. In addition to international doping, he said, the FBI will have an interest in potential match-fixing and gambling-related crimes. He added the college sports arena could be especially vulnerable to corruption. He wants domestic and international leagues to know the FBI intends to be active in this space and hopes the network of extraterritorial laws discourages wrongdoers. He said the Justice Department’s Organized Crime and Gang Section has indicated an interest in pursuing cases built off the Rodchenkov Act. Justice Department officials did not respond to requests to comment. “Obviously, the application of it will be key,” Gillespie said of the new law. “The first couple of cases that come under it are going to be very key for setting a precedent on the interpretation of it.” It’s not clear what the FBI presence might be at the Tokyo Games. At the Women’s World Cup, the Group of Copenhagen operated a mini command post, which included the FBI and other agencies, and Gillespie said, “We want to see if we can apply that towards the Olympics and these other major institutions. “We feel that it would be a good selling point for the International Olympic Committee for them to advertise that there’s an integrity element as part of those Games,” he said. “… We’ll have to present that under the international umbrella because they may be fearful of us coming at them directly.” With competition schedules scuttled and training upended during the coronavirus pandemic, drug testing has been inconsistent throughout the sports world for more than a year, ramping up fears that the Tokyo Games will be ripe for abuse. Massaro said these Olympics amount to a “very, very serious test” and everyone will be looking to see if the United States is serious about assuming a role as a global watchdog. “If Russia is going to test the waters and do in Tokyo what they’re doing in Ukraine right now — testing the Biden administration by heating up conflict — they’ll want to test it in Tokyo, and we’ll have to be ready to push back with this law,” Massaro said.

  • Helsinki Commission Leaders Commemorate International Roma Day with Senate and House Resolutions

    WASHINGTON—Ahead of International Roma Day on April 8, Helsinki Commission Chairman Sen. Ben Cardin (MD), commission leaders the late Rep. Alcee L. Hastings (FL-20) and Sen. Roger Wicker (MS), and House Foreign Affairs Committee Chair Rep. Gregory Meeks (NY-04) introduced resolutions in the U.S. Senate and the U.S. House of Representatives celebrating Romani American heritage. Chairman Cardin, Sen. Wicker, and Rep. Meeks issued the following joint statement: “Romani people have been part of every wave of European migration to the United States from the colonial period to today.  They enrich the fabric of our nation and strengthen the transatlantic bond.  “Through this resolution, we celebrate Romani culture and pay tribute to our shared history. We applaud the efforts to promote transnational cooperation among Roma launched at the historic First World Romani Congress on April 8, 1971.” In addition to recognizing and celebrating Romani American heritage, these resolutions support International Roma Day, recognized around the world on April 8, and the robust engagement of U.S. diplomats in International Roma Day activities throughout Europe.  The resolutions also commemorate the destruction of the Romani camp at Auschwitz when, on August 2-3, 1944, Nazis murdered between 4,200 and 4,300 Romani men, women, and children in gas chambers in a single night, and commend the U.S. Holocaust Memorial Museum for its critically important role in promoting remembrance of the Holocaust and educating audiences about the genocide of Roma. Chairman Cardin serves on the United States Holocaust Memorial Council, the governing board of trustees for the United States Holocaust Memorial Museum. Former Helsinki Commission Chairman Hastings, who died on April 6, was a longtime champion of Roma rights. In addition to regularly meeting with Roma from across Europe, he supported efforts in Romania to address the legacy of Roma enslavement; criticized the mass expulsions of Roma from France, fingerprinting of Roma in Italy, and destruction of the historic Romani neighborhood Sulukule in Istanbul; and condemned proposals to restrict births of Roma in Bulgaria and racist violence against Roma wherever it occurred. Rep. Hastings supported the work of the U.S. Holocaust Memorial Museum in its scholarship and education about the genocide of Roma and the museum’s acquisition of the unique Lety concentration camp archives.  The Organization on Security and Cooperation in Europe works with national and local governments, civil society and international organizations to promote equal opportunities for and the protection of the human rights of Roma. 

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