BBC: “Julian Assange speaks of ‘leaving’ Ecuador embassy”

August 18, 2014

BBC on August 18, 2014 released the following:

“Wikileaks founder Julian Assange has suggested he will be leaving London’s Ecuadorean embassy “soon”.

He said he understood from Wikileaks spokesman Kristinn Hrafnsson he would be “leaving the embassy” after two years’ refuge but gave no more details.

Mr Assange is wanted for questioning over alleged sex assaults in Sweden and faces arrest if he leaves the embassy.

Mr Hrafnsson later said the plan “as always” was for Mr Assange to depart when the UK “calls off the siege”.

“The world is not coming to an end,” Mr Hrafnsson told reporters inside the embassy.

The plan, as always, is to leave as soon as the UK government decides to honour its obligations in relation to international agreements”

Mr Assange, 43, faces questioning by prosecutors in Stockholm over claims made by two women in 2010. He denies the allegations and sought refuge in the Ecuadorean embassy in June 2012 shortly after the UK’s Supreme Court dismissed his efforts to block his extradition.

Since then police have maintained a round-the-clock presence outside the building, in London’s Knightsbridge, at a cost of £6.4m.

Clive Coleman, the BBC’s legal correspondent, said that nothing had changed since 2012 and Mr Assange would be arrested and extradited if he left the embassy.

Speaking at the news conference, Mr Assange said: “I understand that Kristinn Hrafnsson has said that he can confirm I am leaving the embassy soon”.

But he added it was not because he needed medical treatment, as had been reported in some of the UK press.

This was certainly a news conference of mixed messages. Expectations of a news-making announcement were high as a group of a dozen journalists filed into the Ecuadorean embassy.

They were further fuelled by the fact that we were asked to hand over our mobile phones before entering the embassy, something which had not been the case during a similar news conference held in June to mark the two-year anniversary since Julian Assange first sought refuge.

Mr Assange used this occasion to dispel “misinformation” and to make the point that he has never been charged with any offence either here or in Sweden.

But challenged by journalists to confirm or deny rumours he would leave the embassy soon, he gave a cryptic answer, quoting Wikileaks spokesman Kristinn Hrafnsson.

Asked by journalists to clarify his answer, he just said: “I think I’ve said enough”.

Ecuadorean Foreign Minister Ricardo Patino on the other hand seemed to suggest Mr Assange would be in the embassy for a long time. He asked how long the Swedish judiciary could allow this situation to continue: “Five more years? Ten more years?” and lamented that there had been “no movement” since Mr Assange entered the embassy in June 2012.

Bound to fail’

Mr Assange says he fears he could eventually be handed over to the US because Wikileaks published classified US military documents on the Afghan and Iraq wars.

But UK courts have repeatedly ruled that he should be sent to Sweden to face questioning.

The UK first ordered his extradition in February 2011. Mr Assange launched a number of appeals, which culminated in the Supreme Court saying the extradition was lawful in 2012.

After that decision, Mr Assange, who had been on conditional bail, sought refuge in the Ecuadorean embassy.

He was then granted asylum by Ecuador in August 2012 and the country’s foreign minister Ricardo Patino said he would continue to be offered “protection”.

Sitting next to Mr Patino at a news conference on Monday, Mr Assange said his health had suffered during his time inside the embassy.

Reports in UK newspapers at the weekend said Mr Assange had developed a heart defect and a chronic lung condition during his confinement.

The Australian said the reasons for him leaving were not those “reported by the Murdoch press” – but did not elaborate further.

Our correspondent added that any argument Mr Assange could not be extradited because of his health was “almost certainly bound to fail” because Sweden has a good healthcare system.

Better climate’

Mr Patino said the Ecuadorean government would attempt to meet Foreign Secretary Philip Hammond to discuss the case.

He said changes to the UK’s extradition laws had created a better climate for reaching a deal over Mr Assange.

“It is time to free Julian Assange. It is time for his human rights to be finally respected,” Mr Patino added.

A UK Foreign Office spokesman called on the Ecuadorean government to help “bring this difficult and costly situation to an end”.

“We remain as committed as ever to reaching a diplomatic solution to this situation.

“We are clear that our laws must be followed and Mr Assange should be extradited to Sweden,” the spokesman added.”

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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.

————————————————————–

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“Extradited Briton Babar Ahmad admits terrorism offences”

December 10, 2013

BBC on December 10, 2013 released the following:

By: Dominic Casciani

“A British man who spent eight years fighting extradition to the US has pleaded guilty to terrorism charges.

Babar Ahmad, 39, from south London, admitted conspiracy and providing material to support to terrorism and faces up to 25 years in jail.

He admitted the offences in a plea agreement hearing in a federal court hearing in New Haven, Connecticut.

A second British man, Syed Talha Ahsan, is also expected to enter related guilty pleas later.

Both men were extradited to the US in October last year. Ahmad’s eight-year battle against extradition was a record for a British citizen and he had thousands of supporters.

Ahmad appeared in the New Haven District Court wearing an orange prison jumpsuit. He did not change two separate pleas of not guilty that he had previously entered to charges of conspiracy to kill and money laundering.

District Judge Janet Hall said she would review Ahmad’s admissions before sentencing on 4 March 2014. The plea agreement means that Ahmad faces a reduced sentence – although the prosecution is still seeking 25 years.

US authorities say that at the heart of the case against both of the men was a website and terrorism support cell network that Ahmad oversaw in London. He was accused of providing logistical and financial support to Muslim fighters in Afghanistan.

In the plea agreement, released by the court, Ahmad states that “he solicited and conspired to provide funds [and] personnel for the Taliban regime in Afghanistan” and that he and others “recruited men to travel to Afghanistan for mujahedeen training and sought out gas masks to send abroad.”

Ahmad launched Azzam publications in the late 1990s as probably the first website promoting jihadist thought in English. It went on to play a pivotal role in propagating the political ideology at a critical point in its development and growth in the West.

The site was shut down within weeks of 9/11 – but in practice much of its content lived on in other forms.

Sajid Badat, a British man who renounced extremism after plotting to blow up a plane, told investigators that he had first been radicalised by Ahmad.

The ringleader of the 7 July London bombers had copies of some of Azzam’s texts on martyrdom – and his will was partly a copy of a document first published on the website.

Ahmad and Syed Talha Ahsan tried to avoid extradition on the basis that the website’s activities were conducted in the UK, where neither man had been charged or prosecuted for terrorism offences.

But although part of the US case against the men was based on investigations by the Metropolitan Police, the website was technically based in the US and it appealed for support from American and Canadian Muslims.

Ahmad’s campaign to stay in the UK led to more than 100,000 people signing an official government e-petition in an attempt to get a debate in Parliament.

Shortly before he lost his extradition battle, BBC News interviewed him in prison. During that interview, Ahmad denied supporting al-Qaeda inspired terrorism in the West, such as 9/11 and 7/7.

Cageprisoners, a campaign group that supported Babar Ahmad’s battle against extradition, said the plea bargain was “a result of him being stuck within a justice system that offers no way out.”

Moazzam Begg, the group’s outreach director, said: “We must be careful against seeing this as an admission of guilt. Babar had little choice but to make this decision after finding himself amid torturous conditions within the impossible labyrinth of US injustice.

“This episode is a damning indictment of a system that does not rest until it saps its victims´ hope and tramples their dignity underfoot.””

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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.

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“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.

————————————————————–

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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“Tunisian Nizar Trabelsi extradited to US on terror charges”

October 3, 2013

BBC on October 3, 2013 released the following:

A Tunisian man jailed in Belgium in 2003 for planning to attack a Nato air base has been extradited to the US to face further charges.

Nizar Trabelsi faces several charges linked to the same plot including conspiring to kill Americans abroad, a US indictment shows.

Trabelsi, who used to play professional football in Germany, pleaded not guilty at a court in Washington DC.

The indictment says Trabelsi met al-Qaeda leader Osama Bin Laden in 2001.

Trabelsi, now 43, was arrested in Belgium two days after the 11 September 2001 attacks on the US.

In 2003 he was convicted by a Belgian court of plotting to blow himself up at the Kleine Brogel base, which housed US soldiers.

He was imprisoned in Belgium until his extradition.

He now faces charges in the US of conspiring to kill Americans abroad, conspiring to use weapons of mass destruction and supporting a foreign terrorist organisation.

If convicted, he faces a maximum sentence of life in prison.

‘Trained for jihad’

Trabelsi’s extradition was requested by Washington in November 2008.

He had been indicted two years earlier by a grand jury in the US District Court in Washington DC.

According to the indictment, Trabelsi had prepared to travel to Afghanistan to train for jihad while living in Germany in 2000.

He met Bin Laden in Afghanistan in early 2001 and, at his direction, later spoke with al-Qaeda’s chief military planner Muhammed Atef, the indictment says.

Trabelsi had strongly resisted extradition to the US, fearing “inhumane” treatment.

His last appeal was rejected on 23 September by the Belgian Council of State, the country’s highest administrative court.

Justice Minister Annemie Turtelboom was quoted as saying by the Belga news agency that Brussels had received “assurances from US authorities” that he would be tried by a civil court rather than a military tribunal and would not be sentenced to death if convicted.”

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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.

————————————————————–

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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“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

————————————————————–

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.

————————————————————–

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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Amanda Knox retrial over alleged killing of Meredith Kercher begins in Italy

October 1, 2013

CNN on September 30, 2013 released the following:

By Jethro Mullen. Erin McLaughlin and Barbie Latza Nadeau, CNN

“Florence, Italy (CNN) — The latest chapter in Amanda Knox’s long legal battle began Monday in Florence, Italy, with a retrial over the 2007 killing of her British roommate Meredith Kercher.

But Knox, 26, who has expressed concern about returning to a country where she spent four years behind bars, was not in court.

Neither was Kercher’s family, which said in a statement submitted by their lawyer in court on Monday that they would be following the new trial closely from the United Kingdom.

Knox was convicted in 2009 of murdering Kercher, a 21-year old British exchange student who was found stabbed to death in November 2007 in the villa the two young women rented in the central Italian university town of Perugia.

The convictions of Knox and her ex-boyfriend, Raffaele Sollecito, were overturned in 2011 for “lack of evidence.”

After her acquittal, Knox returned to her hometown of Seattle, where she has been living since.

But Italy’s Supreme Court decided last year to retry the case, saying the jury that acquitted Knox didn’t consider all the evidence, and that discrepancies in testimony needed to be answered.

The retrial’s opening day Monday was dominated by procedural items. The presiding judge, Alessandro Nencini, read out the facts of the case, including the conviction of Ivory Coast native Rudy Guede for his role in Kercher’s murder.

The defense teams asked for several items of evidence to be retested for DNA, and Nencini agreed that a knife found in Sollecito’s apartment would be re-examined. The court also agreed to hear testimony from Luciano Aviello, who served time in jail with Sollecito and claims that his brother killed Kercher.

Also absent from the proceedings Monday was Giuliano Mignini, the Perugia prosecutor who won the original conviction and then lost the appeal.

However, Patrick Lumumba, the Congolese bartender Knox originally accused of Kercher’s murder was in court. Lumumba spent several weeks in jail after Knox accused him, and he won a defamation suit against her, for which she was ordered to pay €22,000 ($29,800) for his court costs. Also in the gallery were Perugia residents who attended the original trials.

Court was adjourned until Friday, when Aviello will testify. A verdict is expected by the end of the year.

Afraid to go back

Knox has said she’s scared to return to Italy.

“I’m afraid to go back there,” she said in an interview with CNN’s Chris Cuomo in May. “I don’t want to go back into prison.”

The high court also said evidence could support prosecutors’ initial argument — that Kercher was killed in a twisted sex game gone wrong.

Knox has said such claims are “a bombardment of falsehood and fantasy.”

“No one has ever claimed that I was ever taking part in deviant sexual activity. None of my roommates, none of my friends, none of the people who knew me there. This is simply coming out of the prosecution,” she told CNN in May. “I was not strapping on leather and bearing a whip. I have never done that. I have never taken part in an orgy. Ever.”

The Supreme Court’s decision to send the case back to the appeal court for retrial “may be interpreted by the American authorities as double jeopardy — twice tried for the same fact or the same case,” said Riccardo Montana, a law lecturer at City University in London. “In Italy it’s not like this, because this is still the same trial.”

Sollecito, Knox’s former boyfriend, said he plans to stay in the Dominican Republic with a friend. He said he has no immediate plans to return to Italy.

Watching from afar

If the court convicts her, Knox will be ordered to return to Italy. If she refuses, Italy could request her extradition from the United States. But it’s not clear if American authorities would comply.

Knox has said she would be willing to take a lie detector test.

“I’d do anything to prove my innocence,” she told CNN affiliate ITV earlier this month. “I don’t think that is necessary. But like I said, I’m doing everything to prove my innocence. It’s just very sad that’s what it has come to.”

Knox isn’t the only person watching the retrial from afar.

Citing health reasons, Kercher’s family said in a statement that they decided not to return to Italy for the beginning of the trial after speaking “at great length.”

“It is an extremely stressful time for us all and we desperately want to find truth and justice for Meredith, who was so brutally and unnecessarily taken from us, and so we have decided to support each other in the UK and follow closely here,” the statement said.

The family said they would remain in close contact with their lawyer, who was in the courtroom Monday.

“We trust that the evidence will be reviewed and any additional testing requested to be granted so that any unanswered questions can be clarified and the court can clearly decide the next steps in this tragic case,” the statement 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 Italy 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

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“Issue over bail for man fighting extradition to US”

October 1, 2013

Guardian Media on September 27, 2013 released the following:

By: Derek Achong

“Chief Magistrate Marcia Ayers-Caesar has been asked to decide whether Surinamese businessman Edmund Quincy Muntslag is entitled to bail while he waits extradition to the United States for allegedly conspiring to traffic cocaine. Muntslag’s attorney Keith Scotland applied for bail during a hearing of his extradition case at the Port-of-Spain Eighth Magistrates Court yesterday.

Yesterday’s hearing was Muntslag’s second since he was detained shortly after arriving in Trinidad on August 29. He is accused with Dino Delano Bouterse, the son of Surinamese President Desi Bouterse, for conspiracy to export five kilos of cocaine into the US between 2011 and this year. Bouterse, who also faces an additional charge for possession of a light anti-tank weapon, was arrested in Panama in August and handed over to US authorities.

Scotland said although an extradition warrant had been issued for his client, he was yet to receive the particulars of the offence Muntslag was alleged to have committed. He also said his client only understood basic English and needed a translator for future hearings. Muntslag sat in the prisoners’ enclosure with his hands clasped and listened intently. His mother, aunt and common-law wife, Jessica, were seated at the back of the court.

Scotland refered to the Extradition (Commonwealth and Foreign Territories) Act and the Bail Act, saying both pieces of legislation gave magistrates the power to grant bail to people awaiting extradition. Scotland said his client did not have a criminal record before being indicted on the drug-trafficking charges by the US and there was no evidence he was a flight risk. “Our instructions are he is of good character and has no convictions or pending matters in Suriname or elsewhere,” he said.

Scotland said Muntslag arrived in Trinidad legally and was only arrested when he went to Trincity Mall to shop for his five-year-old son. “He didn’t arrive on a boat in Icacos,” Scotland said. He said his client had no intention of fleeing Trinidad and suggested if Ayers-Caesar was willing to grant him bail, she had the option to place conditions to ensure he attended future hearings.

In response attorney Jagdeo Singh, who is representing the US Government’s interest in the case, said bail could only be granted to those awaiting extradition in special circumstances and asked Ayers-Caesar to consider the seriousness of the offence and that Muntslag had no ties to T&T. “The court can draw the irresistible inference that he poses a major flight risk,” Singh said. He told Ayers-Caesar that in deciding on the bail issue, she also had to consider T&T’s international extradition obligations.

“There is overriding public interest in the courts ensuring T&T maintains its commitments and obligations to its international partners,” Singh said. Ayers-Caesar said she needed time to consider the submissions and adjourned the case to October 11 when she will give her decision. The substantive case will be heard on October 28. There was a noticeable increase in police presence in and around the court for Muntslag’s appearance.

Groups of police officers were positioned at strategic locations in front of the court with several officers standing at the exits of the court during the hearing. Muntslag arrived at the St Vincent Street, Port-of-Spain, courthouse shortly after 8 am in the back of a prison transport van, which was escorted by a marked police car. Both were filled with heavily-armed police in tactical gear. After the case was adjourned, Muntslag was taken from the court to the vehicle then returned to the Maximum Security Prison, Arouca.

Israel Khan, SC, and Netram Kowlessar also are representing the US Government while Asha Watkins-Montserin also is representing Muntslag.”

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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.

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International criminal defense questions, but want to be anonymous?

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Kim Dotcom Resigns Mega to Focus on Fighting Extradition to the United States and Other Projects

September 4, 2013

The New Zealand Herald on September 4, 2013 released the following:

“Flamboyant internet entrepreneur Kim Dotcom has resigned as a director of his Mega data storage empire to focus on his efforts on fighting extradition to the United States and other projects.

Dotcom resigned as a director of Mega on Aug 29, and was replaced by Hong Kong-based Bonnie Lam the same day, according to filings to the Companies Office.

Dotcom staged a full-scale global media launch for Mega last year to replace Megaupload, his previous venture which was shut down in a US-led operation that alleged the file-sharing firm and its owners had committed mass copyright infringement and money laundering of more than US$500 million. Tony Lentino and Mathias Ortmann are still on Mega’s board.

Mega chief executive Vikram Kumar told BusinessDesk in an emailed statement Dotcom resigned “to be able to focus on the extradition case, an upcoming music website, and to build a political party.”

Dotcom doesn’t hold any directorships in New Zealand, and has one direct shareholding in RSV Holdings, according to Companies Office filings. His wife, Mona, is a director of Mr KimDotcom Ltd and a director and shareholder in MD Corporate Trustee Ltd, the biggest shareholder in Mega.

Earlier this week Dotcom told followers on Twitter he planned to launch a political party in New Zealand, with the next election likely to be near the end of next year, and has previously signalled plans for web-based music service called Megabox.

Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk have taken their case to the Supreme Court, seeking access to evidence in the US Federal government’s case to extradite them, and are awaiting a decision.

The District and High Courts upheld their request for a trimmed down disclosure, though that was overturned in the Court of Appeal earlier this year.

Dotcom’s high profile arrest in January last year led to an overhaul of New Zealand’s external spy agency, the Government Communications Security Bureau, after the intelligence unit unlawfully intercepted his communications. At the time of the surveillance, the GCSB wasn’t allowed to spy on New Zealand residents and Dotcom had been granted residency.

The government has since tweaked the law governing the spy agency, allowing it to act on behalf of the domestic spy agency, the Security Intelligence Service, the police or the Defence Force.”

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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.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

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“Ex-JPMorgan Trader Released, Opposing U.S. Extradition”

August 28, 2013

Bloomberg on August 27, 2013 released the following:

By Charles Penty & Patricia Laya

“Former JPMorgan Chase & Co. (JPM) trader Javier Martin-Artajo was released from police custody after telling a Madrid court he opposed attempts by U.S. prosecutors to extradite him on charges he hid trading losses that cost the bank $6.2 billion.

The former trader turned himself in yesterday morning after being contacted by investigators, a Spanish police official said. He was released after a hearing in Madrid yesterday in which he said he was unwilling to be extradited, according to a spokeswoman for the National Court.

The U.S. this month charged Martin-Artajo, a Spanish citizen, and Julien Grout, a French citizen, with trying to hide the losses stemming from trades by Bruno Iksil, the Frenchman at the center of the case who became known as the London Whale. Grout and Martin-Artajo face up to 20 years in jail if convicted of the most serious counts, including conspiracy and wire fraud.

“The likelihood is fairly significant that he would go back,” said Ivan Mercado, managing partner at Mercado & Rengel, a law firm in Spain that works on U.S. extradition cases. “Spain and the U.S. have an extradition agreement. He can’t just say he doesn’t want to go.”

Bank’s Negotiations

JPMorgan’s losses prompted investigations on two continents, U.S. congressional hearings and an internal review that led to a 50 percent pay cut for Chief Executive Officer Jamie Dimon, who the board said bore some responsibility for lapses. Regulators in the U.K. and U.S. are preparing to impose fines on the bank as soon as mid-September, a person with direct knowledge of the matter said last week.

The bank is in talks with various authorities to settle its part of the case for about $500 million to $600 million combined, the Wall Street Journal reported, citing unidentified people close to the situation. Not all agencies have agreed to numbers and the total may end up outside that range, it said.

Martin-Artajo, 49, oversaw trading strategy for Iksil’s synthetic portfolio at JPMorgan’s chief investment office in London, while Grout was a trader who worked for him.

“The arrested person is presumed responsible for manipulating and inflating the value of positions in the synthetic credit portfolio of his firm with the aim of achieving specific objectives of daily losses and gains,” Spanish police said in a statement.

‘Fair Reconstruction’

Martin-Artajo’s lawyer, Lista Cannon, didn’t respond to a call seeking comment on his client yesterday. He “is confident that when a complete and fair reconstruction of these complex events is completed, he will be cleared of any wrongdoing,” a spokeswoman for his law firm said earlier this month. Jennifer Zuccarelli, a spokeswoman for JPMorgan, declined to comment.

At a hearing yesterday, Martin-Artajo’s lawyer filed documents in which his client denied the allegations, according to a court official who asked not to be identified because they weren’t authorized to speak publicly. The U.S. now has 40 days to file sworn statements in support of its extradition request.

Martin-Artajo will then be able to contest those arguments at a further hearing before a judge decides whether to grant the request, said Mercado, who isn’t involved in the case. The process can take up to several months, he added.

‘Very Difficult’

“When there is a bilateral agreement between two countries on certain crimes, it’s very difficult for a country to refuse extradition because the accord implies the crime is viewed comparably,” Carlos Vazquez, a criminal lawyer and partner at Vazquez & Vazquez in Madrid, said by telephone.

The spokeswoman for the court said Martin-Artajo’s passport has been confiscated. Another court official said that wasn’t the case, but that he can’t leave Spain without court approval.

Grout is living in France and isn’t a fugitive, his lawyer, Edward Little, a partner at Hughes Hubbard & Reed LLP in New York, said in an Aug. 12 interview, two days before his client was charged.

“He visited the U.S. last month with confidence he was not being indicted and moved to France to save money and look for a job,” Little said at the time. France has no obligation under its extradition treaty with the U.S. to send Grout to New York. Little declined to comment yesterday.

Martin-Artajo and Grout are charged with conspiring to falsify securities filings from March to May of 2012. The U.S. sought to keep the charges secret while arrests were attempted before unsealing them on Aug. 14. Jennifer Queliz, a spokeswoman for U.S. Attorney Preet Bharara, declined to comment.

‘Embarrassing Situation’

Dimon characterized the loss as “the stupidest and most embarrassing situation I have ever been a part of.” First disclosed in May 2012, the bad bets led to an earnings restatement, a U.S. Senate subcommittee hearing and probes by authorities including the Securities and Exchange Commission and U.K. Financial Conduct Authority.

Iksil, dubbed the “London Whale” because his portfolio was so large, signed a non-prosecution agreement with the U.S. in June, the government said. He pledged to cooperate with investigators as part of the deal. Martin-Artajo’s lawyer submitted documents with details of Iksil’s agreement with the U.S., the court official said yesterday.

The cases are U.S. v. Grout, 13-MAG-01976, and U.S. v. Martin-Artajo, 13-MAG-01975, U.S. District Court, Southern District of New York (Manhattan). The SEC case is Securities and Exchange Commission v. Martin-Artajo, 13-cv-05677, U.S. District Court, Southern District of New York (Manhattan).”

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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 Spain and 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

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“Family: Amanda Knox won’t return to Italy for new trial”

August 26, 2013

CNN on August 26, 2013 released the following:

“By Stephanie Gallman and Scott Thompson, CNN

(CNN) — American Amanda Knox will not return to Italy for a retrial in the 2007 death of her British roommate, a spokesman for the Knox family said.

David Marriott said Knox had never agreed to attend, and there’s “no requirement she be there.” Still, there remains the possibility that Italy could request her extradition from the United States.

In an interview with CNN’s Chris Cuomo in May, Knox said she “didn’t know” whether she’d return.

“It’s a really complicated question,” Knox said. “I mean, I’m afraid to go back there. I don’t want to go back into prison.”

Knox spent several years behind bars in Italy, after she was convicted in 2009 of murdering 21-year old British exchange student Meredith Kercher.

Kercher was found stabbed to death in November 2007 in the villa she rented with Knox, then 20, in the central Italian university town of Perugia.

The convictions of Knox and her ex-boyfriend, Raffaele Sollecito, were overturned in 2011 for “lack of evidence.”

After her acquittal, Knox returned to her hometown of Seattle, Washington, where she has been living since.

Italy’s Supreme Court decided last year to retry the case, saying the jury that acquitted Knox didn’t consider all the evidence, and that discrepancies in testimony needed to be answered.

The high court also said evidence could support prosecutors’ initial argument — that Kercher was killed in a twisted sex misadventure game, according to Italian news agency ANSA.

Knox says such claims were “a bombardment of falsehood and fantasy.”

“No one has ever claimed that I was ever taking part in deviant sexual activity. None of my roommates, none of my friends, none of the people who knew me there. This is simply coming out of the prosecution,” she told CNN in May. “I was not strapping on leather and bearing a whip. I have never done that. I have never taken part in an orgy. Ever.”

Knox and Sollecito’s retrial, which is expected to start this fall, should examine discrepancies in testimony, the high court said. These include differing witness accounts of when screaming could be heard from the home, ANSA reported.

Knox may be ordered to return to Italy for the retrial. If she refuses, the Italian government could appeal to the United States for her extradition. But even if it does, it’s not clear whether the United States would extradite Knox.”

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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 Italy 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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