Lawyer
Dmytro Konovalenko
The Problem
Our client became the subject of an INTERPOL Red Notice issued at the request of a foreign state. The Notice was based on allegations of aggravated fraud and participation in a criminal association arising from investments in a business involving the purchase, repair and sale of aircraft turbines.
According to the prosecution, several investors transferred substantial funds to the company but never received the promised returns or repayment. Criminal proceedings were subsequently initiated, and an international search through INTERPOL followed.
At the same time, the parties were already involved in parallel civil litigation before a court in the United States. This became one of the central issues raised before the Commission for the Control of INTERPOL’s Files.
Our Legal Strategy
We prepared and submitted an application to the Commission seeking the deletion of the Red Notice.
The application demonstrated that the dispute originated from contractual investment agreements rather than a fraudulent criminal scheme. To support this position, we relied on the investment agreements, settlement documents and records from the parallel civil proceedings in the United States.
We also argued that the information circulated through INTERPOL failed to provide a clear description of our client’s individual criminal conduct.
In particular, we pointed out that the requesting authorities did not explain:
- what specific deceptive acts had allegedly been committed by our client;
- how the allegations differed from a contractual failure to repay investments;
- why personal criminal liability was attributed to our client solely because he acted as a company director;
- how the alleged criminal scheme operated; and
- how the alleged proceeds of the offence were obtained or distributed.
These issues formed the core of the legal arguments presented to the Commission.
The Commission’s Assessment
The Commission acknowledged that aggravated fraud may constitute a serious ordinary-law offence capable of supporting international police cooperation.
However, it concluded that the information submitted by the requesting authorities did not demonstrate that the case genuinely extended beyond a commercial dispute.
The Commission found that:
- the criminal proceedings closely mirrored the parallel civil litigation concerning the same investment agreements;
- the requesting authorities failed to explain why personal criminal liability should be attributed to our client rather than to the company itself;
- the alleged fraudulent conduct was not described with sufficient factual detail;
- important allegations regarding the sale of collateral assets and the distribution of proceeds were not supported by concrete information; and
- our client’s role was described primarily through his corporate position rather than through identifiable criminal acts.
The Commission also noted inconsistencies between the amount actually invested and the amount allegedly obtained through fraud.
As a result, it concluded that the case was more characteristic of a private commercial dispute than a criminal matter suitable for international police cooperation.
Outcome
The Commission ruled that the challenged data were not compliant with INTERPOL’s Rules on the Processing of Data.
The decision confirms that INTERPOL’s systems cannot be used simply because a commercial transaction has failed or contractual obligations remain disputed. Before a Red Notice can be circulated, the requesting state must clearly describe the individual’s alleged criminal conduct and demonstrate that the case genuinely concerns a serious criminal offence rather than a private business dispute.
For our client, this was a successful outcome that removed the legal basis for the continued processing of the Red Notice through INTERPOL’s systems.
Need Assistance with an INTERPOL Red Notice?
If you have become the subject of an INTERPOL Red Notice following a commercial, investment or corporate dispute, it is important to obtain legal advice as early as possible. Every case is different, and the available legal remedies depend on the specific facts and procedural history. Our team can assess your case, identify potential violations of INTERPOL’s legal framework and advise you on the most appropriate course of action.
