Removal of Red Notice: Tax fraud in the United States – Moldova
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Deletion of Interpol data on the tax fraud case: USA — Moldova — international search

To end up in the Interpol database means facing an instant blockage of normal life. Cases initiated by U.S. law enforcement agencies are considered particularly challenging, as they are known for their strictness in pursuing financial crimes. In this case, the client became the subject of a Red Notice on charges of tax fraud. The situation was complicated by the international nature of the investigation, involving the jurisdictions of the U.S. and Moldova, as well as the time frame of events dating back to the period of 2011–2013.

The essence of the accusations and the position of the USA

The American side initiated an international search based on an arrest warrant issued by a federal court. The client was accused of participating in an organized criminal scheme, the essence of which consisted of filing fictitious tax returns using the personal data of third parties. According to the investigation, the tax refunds obtained illegally were subsequently transferred outside the United States.

For the client, the presence of a Red Notice created critical risks: from the inability to cross borders and the blocking of bank accounts to the real threat of detention in third countries followed by extradition to the USA. In order to protect their rights and restore their reputation, an appeal procedure was initiated with the Commission for the Control of INTERPOL’s Files (CCF).

Defense strategy: from abstract accusations to violation of Interpol rules

In the course of legal work, the defense focused on proving that retaining the client’s data in the Interpol system contradicts the organization’s internal charter. The argumentation was based on several fundamental violations.

First and foremost, the lawyers pointed out the lack of clear individualization of the charges. The materials provided by the American side suffered from a lack of specificity: the client’s role in the alleged scheme was described in general terms, based primarily on third-party testimonies, and did not contain direct evidence of his involvement in filing most of the fictitious declarations. According to Interpol’s rules, such data does not meet the criteria of accuracy and reliability required for an international search.

The second significant argument was the disproportionate and outdated nature of the prosecution. More than ten years have passed since the alleged events. During this time, despite the fact that the client’s location (Moldova) was known, the competent authorities of the United States did not take active procedural actions to implement extradition. Requests were sent with substantial delays, and mechanisms of legal assistance through the state of citizenship were effectively ignored.

The defense emphasized that such passivity indicates a lack of genuine interest in criminal prosecution. In such a situation, the Red Notice ceases to serve the purposes of international police cooperation and turns into a tool of unjustified pressure, violating the principles of necessity and proportionality (Articles 35 and 83 of INTERPOL’s Rules).

Decision of the Commission and data deletion

Having examined the arguments of the parties, the Interpol Files Control Commission sided with the applicant. The regulator acknowledged that the accusations lack sufficient specification of the accused’s role, and the case itself shows signs of being outdated. A key factor was the absence of active extradition steps by the United States during the applicant’s prolonged stay in Moldova.

The commission ruled that further storage of client information in the databases is disproportionate. A decision was made to completely delete the data from the Interpol system. This led to the immediate termination of the international search, the removal of all migration and financial restrictions, and the restoration of the client’s freedom of movement. This case clearly demonstrates: even serious accusations from the United States regarding economic crimes can be successfully challenged if the search is conducted in violation of the organization’s regulations.

Need help with disputes with Interpol?

If you or your loved ones have faced unlawful persecution through Interpol channels, the presence of a Red Notice or diffusion at the request of the USA or other countries, do not wait for the situation to worsen. Outdated charges, lack of real actions on extradition, and a formal investigative approach are grounds for data removal.

An appeal to experienced lawyers specializing in Interpol cases will allow you to develop a competent defense strategy, challenge the legality of the search, and achieve the complete removal of information from international databases. Protect your freedom and reputation professionally.

Marina Mkrtchieva
Senior Associate, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001068)
Specializing in International Criminal Law, Maryna Mkrtycheva earned recognition as one of the ‘Top 30 Lawyers Under 30.’ Her work encompasses extradition cases, client advocacy before the ECHR and Interpol, and input into EU human rights legislation. Furthermore, she defends clients facing white-collar crime, corruption, and politically charged accusations, consistently prioritizing justice and rights protection.

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