Category: U.S. Law

Pueblo Plaintiffs Hunt for North Korean Assets in Treasury’s Files

When the survivors of the U.S.S. Pueblo, joined by the widow of their captain, sued North Korea for the horrific torture they endured in 1968, the real question wasn’t whether they were entitled to compensation, it was whether they could ever collect any. North Korea, as it has done with all of the other suits against it in U.S. federal courts, refused to respond to the suit after being duly served at its U.N. mission. Consequently, the court entered a...

Throw the Book at Him

So I will assume that Stephen Kim, the Korean-American State Department contractor who is now being prosecuted for leaking top secret / sensitive compartmentalized information was neither employed by, nor sympathetic to, North Korea given his choice of Fox News as a recipient for his leak of information that might have revealed U.S. intelligence sources in North Korea. And having said that, I really don’t care what Kim’s specific views were, I just want to know if any foreign government...

Kim Jong Il, Call Your Lawyer

I think it’s safe to say that North Korea is going through something of a legal rough patch. Boycotting talks has worked well for North Korea, but boycotting trials, not so much: A state-run North Korean bank has lost a lawsuit for not paying back a loan it borrowed from a Taiwanese bank nine years ago, the New York district court said Friday. The District Court of New York confirmed it ordered the Foreign Trade Bank of Korea to pay...

Plan B Watch: A Shot Across China’s Bow?

Hey, did the State Department threaten the Bank of China and the Bank of Shanghai? Or to put the question more bluntly, did someone just grow a pair? A diplomatic source here said the U.S. will blacklist more North Korean entities and individuals in the coming weeks so that international financial institutions would cut off ties with them. Any foreign banks refusing to sever business ties with the North Korean entities and individuals in question will have U.S. financial institutions...

North Korea Hit with $378M Judgment for 1972 Lod Airport Massacre

I haven’t seen this reported in the news yet, but standing alongside the Pueblo judgment, this creates a basis for American victims of North Korean atrocities to try to collect several hundred million dollars from North Korean accounts and entities in third countries, using international agreements that allow for the reciprocal enforcement of foreign judgments. North Korea was held liable for its role in supporting the Popular Front for the Liberation of Palestine and the Japanese Red Army, which planned...

Robert Einhorn to Lead North Korea Sanctions Implementation Effort

The Joongang Ilbo is reporting that Clinton Administration alumnus and counter-proliferation expert Robert Einhorn is going to be put in charge of “streamlining the process by which it implements” international sanctions against North Korea, sanctions that are likely to be enhanced after an international investigation found that North Korea torpedoed and sank the South Korean warship Cheonan. “The U.S. administration was seeking more efficient management of implementation of sanctions, which had been divided between the State and the Treasury departments,”...

Lender Beware: North Korea’s Foreign Trade Bank Sued in U.S. Federal Court

The Korea Times reports that since its establishment in 1959, North Korea’s Foreign Trade Bank has been the regime’s “main foreign exchange bank,” with “branch offices in France, Australia, Kuwait, Hong Kong and Beijing.” The Times also informs us that the bank now finds itself the defendant in a multi-million dollar lawsuit in a U.S. federal district court: A state-run North Korean bank is facing trial in the United States for failing to pay a $5 million loan that it...

The Indictments Are Coming! The Indictments Are Coming!

Why do I blog? Because of stories like this: U.S. authorities plan to indict a New Zealand company allegedly involved in selling North Korean arms to Iran, sources linked to the investigation say. They are trying to track down shadowy figures using a labyrinth of thousands of Auckland companies registered to an office on Queen Street, Auckland’s main street. [Sydney Morning Herald] The significance of indicting the company is that the feds will probably tack on some criminal forfeiture counts,...

Another Lawsuit Against North Korea in a U.S. Court

Previously, I’ve posted about the lawsuit in a U.S. federal court by the crew of the U.S.S. Pueblo — heroes in my book, who resisted and humiliated their captors despite unendurable torture — and about the efforts of the plaintiffs’ lawyers to find and recover North Korean assets to satisfy the judgment. The plaintiffs took advantage of a 2001 amendment to the Foreign Sovereign Immunities Act (see subsection (a)(7)) that allows the victims of “torture, extrajudicial killing, aircraft sabotage, hostage...

Wanted: North Korean Assets

William Thomas Massie’s nightmares almost always begin in a dusty prison cell. His arms are lashed behind his back, and North Korean guards are karate-chopping his neck, kicking his groin and ankles, and smashing his face with fists and rifle butts. The frigid room is illuminated only by tannin-tinted light trickling through newspaper-covered windows. The guards are screaming. One thrusts an assault rifle into Massie’s mouth. The soldier’s finger is on the trigger. Sweat stings Massie’s eyes. He is terrified....

Pyongyang Soju Story Takes a Strange Twist

There’s more news about Steve Park, a/k/a Park Il Woo, the importer of the foul-tasting  Pyongyang Soju, who was charged with acting as an unregistered agent for South Korea by giving its agents off-line intel about his business trips to Nouth Korea. Park has since pled guilty to lying to FBI agents.  When FBI agents asked Park whether he’d had any contact with South Korean officials Park not only denied it, but denied that he’d had any contact within the...

Liberation Through Litigation, Part 2

Way back in the very early days of this blog, I proposed that North Korean workers should be able to sue their government for coercive and abusive labor practices under the Alien Tort Statute of 1789.  In fact, the statute was recently used with success against Unocal Corporation for its use of forced labor in a pipeline project in Burma.  Just watch Kaesong empty out if that ever comes to pass. I had mentioned the idea once or twice since...

Beyond the Drum Circle: Stopping Genocide in the Real World

There is within us some hidden power, mysterious and secret, which keeps us going, keeps us alive, despite the natural law. If we cannot live on what is permitted, we live on what is forbidden. That is no disgrace for us. What is permitted is no more than an agreement, and what is forbidden derives from the same agreement. If we do not accept the agreement, it is not binding on us. And particularly where this forbidden and permitted comes...

‘Pyongyang Soju’ Importer Arrested

A Korean American businessman has been arrested by the U.S. Federal Bureau of Investigation on charges of hiding his activities as a spy for the South Korean government, AP reported Thursday. According to court documents obtained by the wire agency, Park Il-woo, also known as Steve Park, was a legal resident in the U.S. for the past 20 years and conducted business with North Korea. Park provided information he obtained from his frequent trips to North Korea to the South...

Soju for You = Hennessey for You-Know-Who

[Update:   I’ve made indirect contact with a North Korean defector familiar with how Pyongyang Soju is made.  Based on that information, the product is not manufactured in a forced labor camp.  I  hope to  have more specific information about the materials and labor practices later.]   The Chicago Tribune and the  Hankook Ilbo are both reporting that North Korea is about to export of shipment of soju to the United States. US-North Korean trade is rare as Washington imposes...

One Man’s Freedom Fighter…

“Congratulations! You are in a cage, Saddam,” witness Ghafour Hassan Abdullah said as he stared at the ousted president. Saddam listened silently but lost his temper when a lawyer described Iraqi Kurdish rebels as freedom fighters. “You are agents of Iran and Zionism! We will crush your heads!” he shouted. We will crush your heads! Remind you of anyone? Incidentally, none of my trials featured exchanges like that. Meanwhile, Havana, Cuba is hosting a summit of the Non-Aligned Movement, the...

Guilty

Tongsun Park has been convicted in his Oil for Food trial, for acting as an unregistered agent for Saddam Hussein’s Iraq. History will note this as just one more time the U.N. abetted a dictator’s self-aggrandizement at the expense of his suffering subjects. A hat tip to Claudia Rosett herself for sending. And in a delicious coincidence, South Korea picked today to formally nominate Ban Ki Moon to be the next U.N. General Secretary. This story says not one peep...