Final exam in white collar crime

1. Final Exam
Red Notice Question 4
This memorandum is written in the matter of “Ivan” a citizen and political figure from
Belorustostan, hereinafter referred to as “client” who is seeking political asylum to the United
States due to corruption and political targeting tactics within his home country.
Client has been the target of political human rights violations and charges against him due to his
political beliefs and position as a politician. In addition, client has had his family members
kidnapped as a result of his beliefs as well as has been a victim of Red Notices or Red Diffusions
issued against him as a result of his political exposure.
While at this time it is uncertain if client is under a red diffusion or red notice, we will explore
the options and situations for both scenarios to help remedy the situation and assist the client
with his political asylum needs.
 Red Diffusions: Unlike Red Notices, red diffusions are not issued by INTERPOL but it
is issued by a country who seek to arrest a resident of their country. It is distributed by
INTERPOL but it is not issued by INTERPOL which is the primary difference between
the two notices.
 Red Notice: Red notices, Issued by INTERPOL, issued at the request of the National
Central Bureau (“NCB”) which is shared with law enforcement on a global basis. Red
Notices are stored on the INTERPOL website and can be searched as needed by customs
enforcement, law enforcement and any other enforcement bureaus who require it. The
Red Notice is a serious notice wherein INTERPOL seeks the whereabouts of a suspected
criminal for the purpose of extradition should an agreement exist between the two
countries involved. In addition, the Notice seeks to detain the person, notify the issuing
country, and restrict future movement of the individual as a result of the issuing Notice.
Client has been charged but not tried for charges relating to tax evasion and sedition which
prevented his ability to continue to run for office in his country. These charges are believed to
be politically motivated as a means to keep the client from assisting the country to grow forward.
We are seeking to assist the client to both the removal of any Red Notices or Red Diffusions
while assisting client to become a US Citizen due to these citizen interferences in his home
country (Fair Trials International, 2013).
Client Assistant Stages & Needs
It is imperative that this office assist with the removal of any red notices through the following
statutes and means:
AGN/63/RES/9 (1994) of INTERPOL Constitution dictates that Red Notices or Red Diffusions
should be removed from persons who are wanted by their own countries due to politically
motivated charges against persons who are being subject to campaigns against them solely due to
their political exposure. By applying the predominance doctrine, Article 3 of INTERPOL

2. Constitution can be challenged Pursuant to RPD Article 34(3) which protects against the
issuance of Red Notices and Red Diffusions due to political interference. For this reason it is our
belief that this office can assist with challenging such charges and aide on the asylum needs of
member and his family as a result of direct violence and threats against them which also violate
human rights laws (Jeffress, Witten, Konkel, & Hoover, 2021).
With the defamatory charges against the client which are tax evasion and sedition which are
direct challenges against the issuance of the Notices or Diffusions and fall under the
predominance doctrine pursuant to Article 3 of INTERPOL Constitution (INTERPOL, 2013).
This office needs to assign an attorney specializing in Immigration Law to begin the process of
challenging and removal of the Red Notice or Red Diffusion as well as to aide with the legal
needs for applying for Political Asylum within the United States (Immigration Equality, NA).
The attorney assigned can aide in the collection of data regarding specific issues client faces
which will include a disposition of the following information to submit to INTERPOL to remove
the information:
 the nature of the offence
 the status of the person concerned
 the identity of the source of the data
 the general context of the case
 The risk of torture
It is further recommended that client be given temporary asylum status while the documentation
process is being conducted as this can take up to one year in some cases and client will need to
be protected from further prosecution or extradition in the interim. The Commission for Control
of Interpol’s Files (CCF) will process requests and assist with the prohibition of future notices or
diffusions which may be issued. The CCF will process all information pursuant to Article 36 of
the Constitution of Interpol which will ensure that the collection of data and processing of
information are in line with Article 2 of the Constitution which ensures that information does not
infer on human rights violations (kaarls-strafrechtadvocaten, N.D.).

3. References
Fair TrialsInternational.(2013,09). INTERPOL,RED NOTICESAND DIFFUSIONS. FairTrials International.
Retrieved fromhttps://www.fairtrials.org/app/uploads/2022/01/Fair-Trials-International-
INTERPOL-Note-of-Advice.pdf
ImmigrationEquality.(NA). Elementsof AsylumLaw.RetrievedfromImmagrationEquality:
https://immigrationequality.org/asylum/asylum-manual/asylum-law-basics-2/asylum-law-
basics-elements-of-asylum-law/
INTERPOL.(2013, 02). Report No. RetrievedfromINTERPOL:
https://www.interpol.int/content/download/12626/file/article-3-ENG-february-2013.pdf
Jeffress,A.,Witten,S.,Konkel,K.,&Hoover,A.C. (2021, 02 11). Recent INTERPOLReformsProvide
InsightInto StrategiesforChallenging ImproperRed Notices.RetrievedfromArnold&Porter:
https://www.arnoldporter.com/en/perspectives/publications/2021/02/recent-interpol-reforms
kaarls-strafrechtadvocaten.(N.D.). Interpol:How to challenge an internationalarrestwarrant(red
noticesand diffusions)? RetrievedfromKaarls-Strafrechtadvocaten:https://kaarls-
strafrechtadvocaten.nl/english/interpol-red-notice-and-diffusion-removal-request/