“Alleged Al-Qaeda Member Extradited to U.S. to Face Charges in Terrorism Conspiracy”

October 3, 2013

The Federal Bureau of Investigation (FBI) on October 3, 2013 released the following:

Defendant and Others Planned Suicide Bomb Attack Against Americans in Europe

WASHINGTON— Nizar Trabelsi, a Tunisian national, has been extradited to the United States to face charges in federal court in the District of Columbia stemming from a conspiracy to carry out a suicide bomb attack against Americans in Europe.

Trabelsi was arrested in Belgium on Sept. 13, 2001, before he carried out the planned attack. After 12 years in custody there, where he served time on Belgian charges, Trabelsi was extradited and transported today to face charges in the United States. Trabelsi was indicted in 2006 by a grand jury in the U.S. District Court for the District of Columbia, and a superseding indictment was filed the following year. The charges were unsealed today.

The indictment alleges that Trabelsi personally met in the spring of 2001, with Osama bin Laden to volunteer for a suicide bomb attack against U.S. interests. Preparations unfolded over the next several months, according to the indictment, with Trabelsi allegedly obtaining chemicals in Europe and subsequently joining others to scout a potential target: a military facility that was used by the United States and the United States Air Force.

The charges were announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, John P. Carlin, Acting Assistant Attorney General for National Security, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.

Trabelsi, 43, is charged with conspiracy to kill U.S Nationals outside of the United States; conspiracy and attempt to use weapons of mass destruction; conspiracy to provide material support and resources to a foreign terrorist organization; and providing material support and resources to a foreign terrorist organization.

According to the indictment, Trabelsi was residing in Germany in 2000, when he met with other conspirators and made preparations to travel to Afghanistan to train for jihad.

In the spring of 2001, the indictment alleges, he met with bin Laden in Afghanistan, and offered to carry out a suicide bomb attack. According to the indictment, he later spoke with Muhammed Atef, a high-ranking member and chief military planner of al-Qaeda, at bin Laden’s direction. Additionally, the indictment states, he met with others with whom he was to form a cell for the purpose of carrying out a suicide attack.

According to the indictment, Trabelsi and other conspirators discussed various possible targets for a suicide bomb attack and he undertook training in how to place explosives. In June 2001, the indictment states, Trabelsi traveled to Pakistan, where he obtained money from an al-Qaeda associate for use in carrying out his mission. The following month, he rented an apartment in Brussels, Belgium. While in Belgium, Trabelsi bought quantities of chemicals to be used in manufacturing a 1,000-kilogram bomb, the indictment alleges. Additionally, according to the indictment, he traveled at night with conspirators to scout the military base.

The investigation into this matter was conducted by the FBI’s Washington Field Office. The Department of Justice, Criminal Division’s Office of International Affairs provided significant assistance in this matter. The Department of Justice expressed appreciation to the government of Belgium and the Belgian Federal Police for their assistance. The prosecutors handling the case are Assistant U.S. Attorneys Jonathan M. Malis and Opher Shweiki of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Mara Kohn of the Counterterrorism Section of the Justice Department’s National Security Division.

If convicted of the charges filed in the indictment, Trabelsi faces a maximum sentence of life in prison. An indictment is merely a formal charge that a defendant has violated a criminal law. All defendants are presumed innocent until and unless proven guilty.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Belgium here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Spain Is Expected to Extradite Ex-Trader in JPMorgan Case”

October 2, 2013

The New York Times on October 1, 2013 released the following:

BY BEN PROTESS AND PETER LATTMAN

“Federal authorities expect that one of the former JPMorgan Chase employees facing criminal charges in connection with the bank’s multibillion-dollar trading loss in London will eventually be extradited to the United States, a senior prosecutor said on Tuesday.

The former trader, Javier Martin-Artajo, is living in Spain.

Although Mr. Martin-Artajo appears to be fighting extradition after briefly surrendering to police in Spain in August, Spanish authorities are expected to cooperate with prosecutors in New York.

“We have a pretty good extradition agreement with Spain,” Lorin L. Reisner, the chief of the criminal division at the United States attorney’s office in Manhattan, said on Tuesday. “I expect,” Mr. Reisner said, that Mr. Martin-Artajo “will return to the U.S. via the extradition process.”

Another former trader charged in the case, Julien Grout, could prove more elusive, Mr. Reisner said. After leaving JPMorgan’s London offices, Mr. Grout returned to his native France, which typically does not extradite its citizens.

“It’s more complicated,” Mr. Reisner said.

Mr. Reisner made his remarks at a conference in Midtown Manhattan on white-collar crime. The conference featured panels with leading government officials and criminal defense lawyers, as well as senior lawyers from the Securities and Exchange Commission, which under new leadership has tried to step up its enforcement. Some of those efforts are directed at JPMorgan, the nation’s biggest bank, which is the target of a wider legal crackdown.

The Justice Department is in settlement talks with JPMorgan and is seeking more than $11 billion from the bank over its sale of questionable mortgage securities. The bank also faces lingering investigations into its debt collection practices and its dealings with Bernard L. Madoff, the creator of a multibillion-dollar Ponzi scheme.

The investigation into JPMorgan’s trading loss in London reached a peak in August when the United States attorney’s office in Manhattan, along with the F.B.I., announced charges against the two. At the heart of the case was the contention that the two had deliberately “manipulated and inflated the value” of a derivatives bet to hide hundreds of millions of dollars in losses.

Both Mr. Martino-Artajo and Mr. Grout deny wrongdoing. Bruno Iksil, a third former trader, known as the “London Whale” for his role in the outsize derivatives trade, reached a nonprosecution deal with the government in exchange for testifying against his former colleagues.

Weeks after the charges, authorities took aim at JPMorgan for “lacking effective internal controls to detect” the traders’ conduct. The civil settlement — which resolved investigations from the Office of the Comptroller of the Currency, the Federal Reserve, the British Financial Services Authority and the S.E.C. — imposed $920 million in penalties on the bank. The deal also required the bank to admit wrongdoing.

At the legal industry conference on Tuesday, the co-head of the S.E.C’s enforcement unit trumpeted JPMorgan’s admission as evidence of a broader policy shift. For decades, the agency permitted defendants to settle cases without acknowledging their misconduct.

“We will demand admissions, and if the defendant isn’t prepared to agree, we will litigate at trial,” said Andrew Ceresney, the S.E.C. official, who gave the keynote address at the conference, run by the Practising Law Institute.

The change has already begun to “bear fruit,” Mr. Ceresney said, citing the JPMorgan case and a settlement with the hedge fund Harbinger Capital Partners. Like a guilty plea in a criminal case, an admission of wrongdoing is important to hold the defendant accountable and provides a form of catharsis to the investing public, he said.

Mr. Ceresney, a former defense lawyer at the law firm Debevoise & Plimpton, was recused from the JPMorgan case because he once defended the bank. He was hired by the agency’s new chairwoman, Mary Jo White, who also came from Debevoise. Both were federal prosecutors earlier in their careers.

Five months into the S.E.C. job, Mr. Ceresney argued that the new leadership had brought improvements to the agency, which was sharply criticized for missing financial frauds like the Madoff Ponzi scheme and failing to charge any top Wall Street executives tied to the financial crisis. “We wanted to bring the swagger back to the enforcement division, and I think we’re doing that,” he said.

The agency continues to face criticism. Even in the JPMorgan settlement, lawmakers and other critics questioned why the agency had charged the traders but declined to punish the bank’s leadership.

In one sign of change, however, the S.E.C. separately announced on Tuesday that it was paying more than $14 million to a whistle-blower who provided information that led to an enforcement action, by far the most significant payout in the two-year history of its whistle-blower office.

The agency did not identify the tipster or the case this person helped build. But under the whistle-blower program, created under the Dodd-Frank Act, tipsters can reap as much as 30 percent of the money the S.E.C. collects when imposing fines, suggesting that the relevant case was a big one.

The white-collar crime conference coincided with the first day of the government shutdown. Mr. Reisner, the federal prosecutor, described the shutdown as a “complete mess” for his already resource-constrained office.

He said that with 10 criminal trials under way in Federal District Court in Manhattan, he spent much of Monday seeking to prevent the government paralegals working on those cases from being furloughed.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Spain here.

We previously discussed the extradition treaty between the United States and France here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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“Snowden extradition may be complicated process if criminal charges are filed”

June 20, 2013

The Washington Post on June 19, 2013 released the following:

“By Sari Horwitz and Jia Lynn Yang

If U.S. officials criminally charge Edward Snowden, they are likely to confront a complicated and lengthy process to bring the admitted leaker of top-secret documents back home to stand trial, according to extradition experts and law enforcement officials.

Although the United States has an extradition treaty with Hong Kong, where Snowden was last seen, the treaty offers an exception for political offenses. It also has a rare exception that would allow Snowden to stay in Hong Kong if the government there determines it to be in its best interest. He also could apply for asylum in Hong Kong, Iceland or another country. On Wednesday, the founder of WikiLeaks told reporters that his legal advisers had been in touch with Icelandic officials on Snowden’s behalf.

“There are a number of hurdles that the government will have to jump through before Snowden will ever end up in a U.S. courtroom,” said Stephen I. Vladeck, an associate dean at American University’s Washington College of Law who studies national security law.

In the end, the ability to bring the former National Security Agency contractor back to the United States will come down to legal maneuvering and creative diplomacy, Vladeck said.

“The dirty little secret about extradition law,” he said, “is it’s really about 90 percent politics and only 10 percent law.”

Snowden, 29, revealed himself June 9 as the anonymous source for articles in the British newspaper the Guardian and The Washington Post about the NSA surveillance of telephone calls and Internet communications. He was staying in an upscale hotel in Hong Kong, a city that he said he had chosen because he felt he might win asylum there.

But Snowden subsequently left the hotel, and it is unclear where he is. In an unusual live Web chat Monday, he said he sees no possibility of a fair trial in the United States and suggested that he would try to elude authorities as long as possible.

Justice Department officials have said that a criminal investigation is underway, led by agents from the FBI’s Washington field office and lawyers from the department’s national security division. Investigators are gathering forensic material to back up possible criminal charges, most likely under the Espionage Act, according to former Justice Department officials.

Snowden also could be charged with theft and the conversion of property belonging to the U.S. government, experts say. A thorny issue for U.S. authorities trying to build their case against Snowden involves how much to reveal about the highly classified material that he allegedly acquired, according to former Justice Department officials.

U.S. officials could file a criminal complaint and try to have Snowden detained in Hong Kong on a provisional arrest, extradition lawyers said. They would then have 60 days to file an indictment, possibly under seal, setting out probable cause. U.S. authorities could then formally move to extradite Snowden for trial in the United States — a move he could fight in the courts.

The United States has extradition treaties with about 120 countries, but that doesn’t necessarily make it easier to extract people accused of a crime from those countries. For example, of 130 extradition requests to Britain since 2004, only 77 people were extradited to the United States.

To fight extradition, Snowden could invoke Article 6 of the 1997 pact between the United States and Hong Kong, which states that a suspect will not be surrendered to face criminal prosecution for an offense of a “political character.”

That’s a standard and historic exception in treaties between governments but one that lacks a standard definition or clear legal interpretation. In the United States, as well as in other states, what constitutes a political act has narrowed. How the Hong Kong courts would view such an assertion is unclear. If Snowden argues that he is an activist, said Simon N.M. Young, director for the Center of Comparative and Public Law at the University of Hong Kong, “this will be one of our first cases.”

Hong Kong also has an additional and unusual exception in its treaty that could provide a defense for Snowden, according to Douglas McNabb, a lawyer who specializes in international extradition cases. Hong Kong authorities can refuse the extradition of a suspect “if they believe it should be denied from a defense or foreign policy perspective,” McNabb said. “I have not seen that in any other treaty.” Public sentiment in support of Snowden has built in Hong Kong, and hundreds rallied in the streets Saturday.

Should a Hong Kong judge rule against Snowden, he could continue to appeal, all the way up to Hong Kong’s highest court, dragging the process out over many months. Bail is unlikely to be offered, so Snowden could be in jail at that point, possibly at the Lai Chi Kok maximum-
security facility in Kowloon, where conditions are harsh. “That will be added pressure on him for how long he wants to fight it out here,” Young said.

Aside from the courts, Snowden could plead for asylum, the route taken by WikiLeaks founder Julian Assange, who has been holed up for a year in the Ecuadoran Embassy in London.

Snowden, in an interview with the Guardian, floated the idea of asylum in Iceland, which has historically provided a haven for whistleblowers and never granted a U.S. extradition request.

Johannes Skulason, an Icelandic government official, told the Associated Press on Wednesday that WikiLeaks spokesman Kristinn Hrafnsson had held informal talks with assistants at the Interior Ministry and the prime minister’s office.

Skulason said Hrafnsson “presented his case that he was in contact with Snowden and wanted to see what the legal framework was like.”

But the United States could try to prevent Snowden from traveling by asking the International Criminal Police Organization, or Interpol, to put out a “red notice,” which is a bulletin for international fugitives and which alerts about 190 countries that there is an outstanding warrant for Snowden’s arrest.

Snowden could also apply for asylum in another country’s embassy in Hong Kong, as Assange did in London. Or he could make an asylum claim in Hong Kong after his travel visa expires in mid-August or if the U.S. government requests his surrender.

If he does apply for asylum, Snowden will be stumbling into a labyrinthine system criticized by human rights lawyers as dysfunctional and inefficient.

Hong Kong did not sign the United Nations’ 1951 Refugee Convention, and so the government has no obligation to process refu­gee claims. Instead, it relies mostly on the U.N. High Commissioner for Refugees’ office in Hong Kong, which is underderstaffed and has a backlog of asylum requests. In cases in which the applicants claim that they may be tortured if sent home, the Hong Kong government reviews the case. An estimated 5,000 claims are being processed by both the UNHCR and the Hong Kong government.

“We have asylum seekers who have been in Hong Kong for years,” Young said.

Because the UNHCR and the Hong Kong government evaluate claims, Snowden could seek to have his asylum case reviewed by both. Complicating the picture are two recent court cases mandating that Hong Kong consolidate its refu­gee system and establish a new process.

“I think Mr. Snowden is much wiser from a legal perspective than many people initially gave him credit for,” McNabb said. “I think he’s thought about this for a long time.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


“Dotcom’s NZ extradition hearing cancelled”

June 10, 2013

Herald Sun on June 10, 2013 released the following:

AAP

“THE hearing to decide if internet piracy accused Kim Dotcom will be extradited to the United States has been postponed from August until at least November, and may not be until April next year.

That means the extradition hearing could be held more than two years after Dotcom was arrested after the Hollywood-style police raid on his mansion north of Auckland.

A spokeswoman for North Shore District Court told AAP Dotcom’s August date had been vacated and was now scheduled to start on November 21.

A back-up date of April 14 has also been set aside if further delays develop.

The hearing – which has now been delayed several times – is expected to take several weeks.

Dotcom and his co-accused were arrested in January, 2012, and an extradition hearing was meant to be held the next month.

However, after it was revealed police botched the raid’s search warrant and New Zealand’s spy agency the GCSB illegally spied on Dotcom, a German who had become resident in New Zealand, the case has become mired in delays and court action over evidence and charges.

The US is trying to extradite Dotcom, Finn Batato, Bram van der Kolk and Mathias Ortmann over allegations their Megaupload website netted more than $US175 million ($A184 million) in criminal proceeds.

The US says it cost Hollywood’s copyright owners more than $US500 million by offering pirated copies of movies and television shows.

Megaupload was shut down after the raid but Dotcom has since launched a similar site called Mega, which doesn’t use US-based servers.

Dotcom denies the charges and says he is a political target for Hollywood.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


“Mastros set free in France, but U.S. may still go after them”

June 6, 2013

The Seattle Times on June 5, 2013 released the following:

“Appeals court says the 88-year-old developer and his wife won’t be extradited to the U.S., where they are charged with bankruptcy fraud.

By Sanjay Bhatt
Seattle Times business reporter

Fugitive Seattle businessman Michael R. Mastro may well live out the rest of his life as a free man in the foothills of the French Alps.

A French appellate court Wednesday denied on humanitarian grounds the U.S. Department of Justice’s request to extradite Mastro and his wife, Linda, said Jim Frush, a Seattle attorney who represents the 88-year-old former real-estate magnate at the center of one of Western Washington’s biggest bankruptcies.

“I spoke with Mike, who was understandably very happy and relieved and indicated to me that he and Linda were about to leave for dinner,” he said.

The Mastros had been under electronic monitoring and restricted to their apartment after 6:30 at night as part of an earlier French order.

A federal grand jury indicted the Mastros on charges of bankruptcy fraud in August 2011, two months after the couple disappeared from sight.

The U.S. Attorney’s Office in Seattle declined to comment Wednesday on the French court’s ruling, saying only that it was examining its options, including a possible appeal.

It’s likely the Justice Department filed a “red notice” with Interpol, a global law-enforcement agency, that puts 190 countries on notice of the outstanding arrest warrant for the couple, said Douglas McNabb, an international criminal-defense lawyer in Washington, D.C.

If the Mastros try to leave France for any other country, they could be held there and possibly extradited to the United States to face the criminal charges, McNabb said.

But if the French court’s ruling isn’t appealed and the Mastros stay put in France, “the ballgame is over with,” he said.

The ruling of the appeals court in Chambéry can be appealed to the Council of State, France’s highest judicial body and roughly equivalent to the U.S. Supreme Court, said Juliet Sorensen, a law professor at Northwestern University who teaches international criminal law.

A treaty signed by the two nations in 1996 requires each to honor a request to extradite persons charged with certain offenses that are punishable in both countries.

But there are exceptions, including one that allows either nation to deny extradition if surrendering the person “might entail exceptionally serious consequences related to age or health,” according to the treaty.

The French appellate court ruled that extraditing the Mastros could have such consequences, and wasn’t persuaded by the Justice Department’s arguments to the contrary, Frush said.

Developer’s downfall

Mastro’s four-decade career as a prolific developer ended in a spectacular crash in 2009 when three banks forced him into bankruptcy court.

Mastro told the court he had nearly $587 million in liabilities, including more than $100 million he owed to individual investors and local groups such as the Italian Club of Seattle.

Against those liabilities, Mastro reported assets of $249 million, most of it debt others owed him.

State regulators also charged him with breaking the law by making false statements to “Friends & Family” investors and selling unregistered securities, charges that Mastro denied.

Mastro and his wife disappeared suddenly in June 2011 after they ignored a bankruptcy judge’s order to hand over two giant diamond rings worth more than $1.4 million.

They officially became fugitives a month later when warrants were signed for their arrest. But those warrants were for contempt of court, a civil violation, and experts said it would be difficult to extradite the Mastros without a criminal charge.

Then in August 2011, the U.S. Attorneys Office filed a sealed criminal complaint against the Mastros, charging them with bankruptcy fraud.

The complaint was made public last October after the Mastros were arrested near Lake Annecy, in the French Alps, where they had rented a succession of apartments.

The next month, a federal grand jury issued a superseding indictment containing 43 counts for bankruptcy fraud and money laundering.

The diamond rings, along with nearly 300 other pieces of jewelry, were seized in France in October after the Mastros were apprehended.

The collection is worth more than $3 million, according to the court-appointed trustee in Mastro’s bankruptcy case, James Rigby, who has recovered only a fraction of the money owed to creditors. The Mastros’ attorneys are fighting in court to stop the FBI from transferring some jewelry to the trustee.

The Mastros spent seven weeks in a French jail before a court placed them on supervised release with electronic monitoring pending an extradition proceeding.

Health concerns

In February, the three judges of the Court of Appeal in Chambéry ruled that the Mastros had been charged with offenses that were subject to extradition, but noted that lengthy incarceration likely would have serious consequences on their health.

The court’s 19-page ruling in February mentioned Mastro’s age and a serious head injury he suffered in a fall in Palm Desert, Calif., two years ago. The court also mentioned the “psychological frailty” of Linda Mastro, who is in her 60s, revealing that she attempted suicide shortly after the couple was arrested in France.

At a hearing in late May, the Justice Department’s representative told the French court that if the Mastros were extradited and convicted in the United States, they would not ask for more than two years in prison, Frush said Wednesday, citing information he received from Thomas Terrier, the Mastros’ attorney in France. Moreover, U.S. officials told the court the federal Bureau of Prisons was equipped to manage the Mastros’ health concerns, Frush said.

Terrier could not be immediately reached for comment.

Sorensen, the Northwestern University law professor, said the French government had discretion to extradite the Mastros despite the exception in the treaty, and said the Council of State had heard extradition appeals from the United States in the past.

Investor reaction

News of the French court’s ruling dismayed Kirkland resident Barry Bloch, one of the “Friends & Family” investors who loaned the developer money in return for pledges of interest payments.

“What a joke,” Bloch said after hearing from a reporter of the ruling.

Bloch and his wife, Teresa, loaned Mastro money and knew him for about four years before the developer’s fortunes unraveled.

“It didn’t bankrupt us, but it’s a sizable amount of money, and it’s disgusting that he isn’t brought to justice,” said Barry Bloch, 68.

He recalled an exchange with the developer at Mastro’s Seattle office on Rainier Avenue South as the real-estate market was imploding, but before the banks forced Mastro into bankruptcy court.

“I asked him how he sleeps at night, and he said, ‘I sleep like a baby.’ That spoke volumes,” Bloch said.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and France here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


An Alleged “Teenage hacker awaits ruling on US extradition”

May 16, 2013

The Herald (heraldscotland.com) on May 16, 2013 released the following:

“A COMPUTER hacking teenager from Shetland will learn today if he is to be extradited to the United States given his core role in a series of damaging cyber attacks on the networks of the NHS, the FBI and major international corporations.

Jake Davis, 18, has admitted he and fellow members of LulzSec stole huge amounts of personal data belonging to hundreds of thousands of people and posted it online for anyone to download.

Southwark Crown Court in London heard yesterday that Davis, along with Ryan Ackroyd, Mustafa Al-Bassam and Ryan Cleary considered themselves “modern day pirates”, who carried out the attacks for entertainment.

All members of the group, which included a schoolboy and an ex-soldier, have pled guilty to carrying out various acts of cyber crime in 2011.

At a pre-sentencing hearing, prosecutor Sandip Patel said the men lacked the political drive of groups like Anonymous, from which they had developed, and seemed to have been doing it for kicks.

He said: “It’s clear from the evidence that they intended to achieve extensive national and international notoriety and publicity. They saw themselves as latter-day pirates.

“This is not about young immature men messing about. They are at the cutting edge of a contemporary and emerging species of criminal offender known as a cyber criminal.”

Smartly dressed Davis, 20, from Lerwick, who used the alias Topiary, smirked in the dock when details of his activities were outlined to the court. He was LulzSec’s main publicist and in charge of media relations.

Both he and Al-Bassam previously pled guilty to hacking and launching cyber attacks on organisations, including the CIA and the Serious Organised Crime Agency.

Davis’s barrister, Simon Mayo QC, told the court his client had completely turned his life around since being arrested.

Born in Canterbury, Kent, he moved to the Shetlands aged six with his mother to escape his alcoholic father, who later committed suicide. Socially isolated from his early teens, Davis suffered from depression and fell under the spell of a “misguided ideology”, Mr Mayo said.

But since his arrest, he had moved to London via Lincolnshire and found work with several artistic groups, also writing for the Observer about his time with Anonymous.

Carole Cadwalladr, a feature writer with the paper, provided a reference.

Michael Morris MBE, the co-director of art group Artangel, gave a character reference in court.

“In short, Davis has been given an opportunity he was previously denied, an opportunity to transform himself from a depressed 18-year-old in the Shetland Islands into a self-sufficient scriptwriter living in London,” Mr Mayo added, suggesting his client could be given a suspended sentence.

The court heard that the “DDoS” attacks they carried out with other unidentified hackers belonging to online groups such as Anonymous and Internet Feds flooded websites with traffic, making them crash and rendering them unavailable to users.

To do it, they used a remotely controlled network of “zombie” computers, known as a “botnet”, capable of being programmed to perform the attack.

The court heard the codes, written by Cleary, may have been using up to one million computers to carry out attacks via the internet without their owners knowing it.

The group only existed for a matter of months in 2011 before the main members were arrested between June and September, the court heard.

Attacks like those on Sony and Nintendo harvested massive amounts of private data. The Sony leak alone saw it lose details relating to 26.4 million customers, causing its Playstation network to shut down.

Davis was found to have 750,000 separate pieces of sensitive data on his computer after his arrest, and Cleary 10,000.

The hearing continues.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and the United Kingdom here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

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“Iran envoy to Cyprus recalled after extradition to U.S.”

May 10, 2013

Reuters on May 9, 2013 released the following:

“(Reuters) – Iran has recalled its ambassador to Cyprus for consultations after an Iranian national was recently extradited from the island to the United States on suspicion of violating U.N. arms sanctions, Cyprus’s foreign minister said on Thursday.

“Only today … I received word from Nicosia that Iran has decided to recall its ambassador there for consultations. Why? Because an Iranian citizen was apprehended for trying to buy, to contravene the arms embargo against Iran,” Ioannis Kasoulides told a conference in Washington.

A diplomatic source in Nicosia said the Iranian was ordered to be extradited to the United States by a court “after exhaustion of all domestic legal remedies in Cyprus” about two weeks ago.

The source added that the nature of the alleged offence was “to buy and have delivered in Iran goods and material falling under the sanctions regime,” but would not go into any more detail.

Kasoulides, speaking to an audience at the Brookings Institution, later told Reuters Iran had attempted to apply political pressure on Nicosia to avert extradition. “In Cyprus in principle we follow the decision of the court.”

Cyprus, perched on the edge of the volatile Middle East, saw its worst peace-time disaster two years ago when a cargo of confiscated Iranian arms destined for Syria exploded, destroying its largest power station.

(Reporting By Anna Yukhananov, writing by Michele Kambas; editing by Mike Collett-White)”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Cyprus here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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Hamza Bendelladj Extradited from Thailand to Face the Alleged Federal Cyber Crime Charges in Atlanta for SpyEye Virus

May 3, 2013

The Federal Bureau of Investigation (FBI) on May 3, 2013 released the following:

Algerian National Extradited from Thailand to Face Federal Cyber Crime Charges in Atlanta for SpyEye Virus

“ATLANTA— Hamza Bendelladj, an Algerian national also known as Bx1, will be arraigned on federal cyber crime charges for his role in developing, marketing, distributing, and operating the malicious computer virus SpyEye.

“No violence or coercion was used to accomplish this scheme, just a computer and an Internet connection,” said United States Attorney Sally Quillian Yates. “Bendelladj’s alleged criminal reach extended across international borders, directly into victims’ homes. In a cyber netherworld, he allegedly commercialized the wholesale theft of financial and personal information through this virus which he sold to other cyber criminals. Cyber criminals, take note—we will find you. This arrest and extradition demonstrates our determination to bring you to justice.”

“Hamza Bendelladj has been extradited to the United States to face charges of controlling and selling a nefarious computer virus designed to pry into computers and extract personal financial information,” said Acting Assistant Attorney General Mythili Raman. “The indictment charges Bendelladj and his co-conspirators with operating servers designed to control the personal computers of unsuspecting individuals and aggressively marketing their virus to other international cybercriminals intent on stealing sensitive information. The extradition of Bendelladj to face charges in the United States demonstrates our steadfast determination to bring cyber criminals to justice, no matter where they operate.”

“The FBI has expanded its international partnerships to allow for such extraditions of criminals who know no borders,” stated Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office. “The federal indictment and extradition of Bendelladj should send a very clear message to those international cyber criminals who feel safe behind their computers in foreign lands that they are, in fact, within reach.”

Bendelladj, 24, was indicted by a federal grand jury in Atlanta, Georgia on December 20, 2011. The 23-count indictment charges him with one count of conspiring to commit wire and bank fraud, 10 counts of wire fraud, one count of conspiracy to commit computer fraud, and 11 counts of computer fraud. Bendelladj was apprehended at Suvarnabhumi Airport in Bangkok, Thailand, on January 5, 2013, while he was in transit from Malaysia to Egypt. The indictment was unsealed on May 1, 2013. Bendelladj was extradited from Thailand to the United States on May 2, 2013, and was arraigned in United States District Court before United States Magistrate Judge Janet F. King.

According to court documents, the SpyEye virus is malicious computer code, or malware, which is designed to automate the theft of confidential personal and financial information, such as online banking credentials, credit card information, usernames, passwords, PINs, and other personally identifying information. The SpyEye virus facilitates this theft of information by secretly infecting victims’ computers, enabling cyber criminals to remotely control the computers through command and control (C&C) servers. Once a computer is infected and under the cyber criminals’ control, a victim’s personal and financial information can be surreptitiously collected using techniques such as “web injects,” which allow cyber criminals to alter the display of webpages in the victim’s browser in order to trick them into divulging personal information related to their financial accounts. The financial data is then transmitted to the cyber criminals’ C&C servers, where criminals use it to steal money from the victims’ financial accounts.

The indictment alleges that from 2009 to 2011, Bendelladj and others developed, marketed, and sold various versions of the SpyEye virus and component parts on the Internet and allowed cyber criminals to customize their purchases to include tailor-made methods of obtaining victims’ personal and financial information. Bendelladj allegedly advertised the SpyEye virus on Internet forums devoted to cyber crime and other criminal activities. In addition, Bendelladj allegedly operated C&C servers, including a server located in the Northern District of Georgia, which controlled computers infected with the SpyEye virus. One of the files on Bendelladj’s C&C server in the Northern District of Georgia allegedly contained information from approximately 253 unique financial institutions.

If convicted, Bendelladj faces a maximum sentence of up to 30 years in prison for conspiracy to commit wire and bank fraud; up to 20 years for each wire fraud count; up to five years for conspiracy to commit computer fraud; up to five or 10 years for each count of computer fraud; and fines of up to $14 million.

Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges, and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents of the Federal Bureau of Investigation.

Special Assistant United States Attorney Nicholas Oldham and Assistant United States Attorney Scott Ferber of the Northern District of Georgia and Trial Attorney Carol Sipperly of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case. Valuable assistance was provided by the Criminal Division’s Office of International Affairs, which worked with its international counterparts to effect the extradition.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Thailand here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

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“Doreen Alexander Extradited to the United States to Face Kidnapping Charges”

April 3, 2013

The Federal Bureau of Investigation (FBI) on April 2, 2013 released the following story:

“WASHINGTON— Doreen Alexander has been extradited to the United States from Trinidad and Tobago to face charges related to her alleged role in the 2005 kidnapping of naturalized U.S. citizen Balram “Balo” Maharaj, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office.

Alexander, 47, arrived in the United States on Sunday, March 31, 2013, and was arraigned yesterday before U.S. Magistrate Judge Deborah A. Robinson in the District of Columbia. Alexander was charged in a two-count indictment filed in September 2010. If convicted, Alexander faces a maximum penalty of life in prison. She is presumed innocent until proven guilty beyond a reasonable doubt.

Alexander is the last charged co-conspirator involved in the alleged kidnapping of Maharaj, Alexander’s former boyfriend and father to one of her sons who died as a result of the kidnapping. The other 12 co-conspirators were previously extradited and prosecuted by the U.S. Attorney’s Office for the District of Columbia.

Alexander is alleged to have initiated the April 2005 kidnapping of Maharaj and provided information that allowed the kidnappers to identify, locate, and track Maharaj. Alexander allegedly alerted the kidnappers to Maharaj’s visits to Trinidad and Tobago; gave them information on his wealth, which was used to calculate the ransom; and reassured the kidnappers that they had the right man after the ransom negotiations went awry.

Valuable assistance was provided by the Criminal Division’s Office of International Affairs, which worked with its counterparts in Trinidad and Tobago to effect the extradition. The U.S. Attorney’s Office for the District of Columbia has also provided significant assistance in this case.

The case was investigated by the FBI’s Miami Division Extraterritorial Squad with the assistance of the FBI’s Legal Attache’s Office in Port of Spain, Trinidad and Tobago. Special assistance was further provided by the Trinidad and Tobago Police Service Anti-Kidnapping Squad and Homicide Bureau.

The case is being prosecuted by Trial Attorneys Matthew Singer and Teresa Wallbaum of the Criminal Division’s Human Rights and Special Prosecutions Section.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Trinidad and Tobago here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

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A European Court Ruled Abu Hamza al-Masri Can be Extradited to the United States to Face Terrorism Charges

September 25, 2012

The Associated Press on September 24, 2012 released the following:

“UK to extradite radical Muslim cleric to US

By SYLVIA HUI, Associated Press

LONDON (AP) — A European court ruled Monday that radical Muslim cleric Abu Hamza al-Masri can be extradited to the United States to face terrorism charges, including allegedly trying to set up an al-Qaida training camp in rural Oregon.

The decision ends a long-running legal battle and means that al-Masri, considered one of Britain’s most notorious extremists, could be deported within weeks along with four other terrorism suspects in Britain.

Authorities in the U.S. have for years asked for Al-Masri and the others to be handed over, but the process had been delayed because the men raised human rights objections.

The men had argued before the European Court of Human Rights that they could face prison conditions and jail terms in the U.S. that would expose them to “torture or inhuman or degrading treatment or punishment” in breach of the European human rights code.

In April, the Strasbourg, France-based court rejected those claims. Al-Masri and the four others lodged an appeal to the court’s highest judges, but on Monday the court said it refused to hear it. “Today the Grand Chamber Panel decided to reject the request,” the court said in a brief statement. It did not give a reason for refusing the appeal.

Britain’s Home Office and the U.S. Department of Justice welcomed the decision.

“We will work to ensure that the individuals are handed over to the U.S. authorities as quickly as possible,” said the Home Office.

The suspects, who are accused of crimes such as raising funds for terrorists, could face life sentences in a maximum-security prison.

Al-Masri was arrested in Britain in 2004 at the request of U.S. authorities, who have called him “a terrorist facilitator with a global reach.”

They accuse him of assisting the taking of 16 hostages — including two American tourists — in Yemen in 1998 and of conspiring to set up a terrorist training camp in Bly, Oregon, between 2000 and 2001.

He also is accused of conspiring with a U.S. citizen to facilitate a jihad — or holy war — in Afghanistan and providing material support to al-Qaida and the Taliban.

The cleric, who is blind in one eye and wears a hook for a hand, lost several British court cases in his fight against extradition before taking the case to the European court in 2008.

Known for his fiery anti-Western and anti-Semitic outbursts, he claims he has lost his Egyptian nationality, but Britain considers him an Egyptian citizen. He is currently serving a seven-year prison term in Britain for separate charges of inciting hatred.

The other four suspects due to be extradited to the U.S. are Babar Ahmad, Syed Tahla Ahsan, Khaled al-Fawwaz and Adel Abdul Bary.

Ahmad and Ahsan are charged in U.S. federal court in Connecticut with running a terrorist website in London, providing material support to terrorists, conspiring to kill U.S. nationals, and money laundering. Supporters of Ahmad, who was arrested in 2004 and has been held in a British jail since then without charge, are trying to help him get a trial in Britain because his alleged offense happened in London.

Al-Fawwaz and Bary, accused of being key aides to Osama bin Laden in London, are wanted in a New York federal court for the 1998 bombings of two U.S. embassies in Kenya and Tanzania that killed 224 people. Al-Fawwaz faces many counts of murder.

The human rights court said that it has not decided on the case of a sixth suspect, Haroon Rashid Aswat, who was accused of being Al-Masri’s co-conspirator in attempting to set up the camp in Oregon. The court said it needed to consider more information about his case.

In Washington, Dean Boyd, spokesman for the National Security Division of the U.S. justice department, said: “We are pleased that the litigation before the European Court of Human Rights in these cases has come to an end, and we will be working with the U.K. authorities on the arrangements to bring these subjects to the United States for prosecution.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


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