US cites United Nations treaty in Megaupload case

February 13, 2012

Computer World on February 13, 2012 released the following:

“Judge in bail hearing questions whether Dotcom extradition is lawful

BY MICHAEL FOREMAN

The United States government will be relying on a United Nations treaty aimed at combating international organised crime as the legal basis of its extradition to the US of Megaupload founder Kim Dotcom and other co-accused.

While the extradition hearing is scheduled to take place on February 22, some of the legal arguments that will be made at that hearing were foreshadowed at a bail-refusal appeal heard at Auckland High Court on February 3.

During the bail appeal, Dotcom’s lawyer Paul Davison QC, said the US was seeking to have Dotcom and other employees of Megaupload extradited in relation to charges of conspiracy to commit racketeering, money laundering and copyright infringement.

At this point the judge, Justice Raynor Asher interrupted Davison, asking him: “These are extradition offences? I assume you have satisfied yourself on that?”

Davison replied that criminal breach of copyright was not a scheduled offence [under New Zealand’s extradition treaty with the US]. The racketeering charge was said to have a similarity with a scheduled offence however “everything is derivative” from the copyright infringement charge.

“The funds which were derived from the business activity and the involvement of a group of people around the business activity is the basis of the allegation that this was racketeering … the movement of business proceeds and funds then becomes an allegation of money laundering, but the whole thing is pinned back to the existence of a criminal breach of copyright.

“I am not able to advance a position at this stage which would be as strong as to say that there is no strength to the US government’s case. But suffice to say that there is a substantial challenge to it, and it’s not at all clear that this is an extraditable situation.”

Asked whether he had discussed these matters with Crown prosecutor Anne Toohey, Davison said he had been waiting for ten or 12 days for the prosecution to respond to his request for documents.

“I have been frustrated by being unable to get access to a range of documents that underpin the steps that were taken to issue the provisional [arrest] warrant.”

“I have been requesting the Crown to provide me with the requisite documents, I have been told that the police hold the requisite documents and the police will respond.”

Davison said that the legal basis of the extradition request “may give rise to another proceeding”.

“It is a fundamental matter, it’s not being overlooked, and it is likely to be litigated,” he said.

Fergus Sinclair, a lawyer with the Crown Law Office who appeared as co-counsel with Toohey on behalf of the United States, said that while it was true no copyright offences were named in the extradition treaty, certain crimes where they involved trans-national organised crime, were subject to section 101b of the Extradition Act.

Under this section any offence which was punishable by a prison sentence of more than four years was deemed to be extraditable, and under the New Zealand Copyright Act the distribution of an infringing work could be punished by up to five years in prison.

Sinclair cited the United Nations Convention against Transnational Organised Crime (TOC), which was passed by a UN general assembly resolution in 2000, as the basis of invoking the organised crime provisions of the Extradition Act.

Under the terms of TOC Sinclair said an “organised criminal group” had to consist of a structured group of three or more persons acting in concert with the aim of committing serious crime.

He said there were seven defendants in the Megaupload case, and that according to US grand jury indictment of January 5 members of the Megaupload conspiracy engaged in criminal copyright infringement and money laundering on a massive scale with estimated harm to copyright holders in excess of US$500 million.

Since the bail appeal hearing, several legal commentators have expressed the view that the Megaupload extradition case could be appealed to the New Zealand Supreme Court.

IT lawyer Rick Shera said that Davison’s submissions reinforced his opinion that the extradition case would be complicated.

“My view has always been that there’s a clear issue as to whether the extradition treaty is the end of the story or whether section 101b of the Extradition Act would be involved. Whatever happens you still go back to the [New Zealand] Copyright Act where differences between the NZ and US legislation may become significant.

“I would expect that after the first or second round, one or other of the parties will appeal.

“There hasn’t been a case like this in New Zealand before and, as far as you can you look at it from a general perspective and considering what is at stake, you would want it to be heard by the Supreme Court.””

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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 and OFAC SDN Sanctions Removal.

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

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US Govt ‘throwing everything’ at Dotcom

February 11, 2012

The New Zealand Herald on February 11, 2012 released the following:

“By Michael Dickison

The United States Government is throwing “everything in the book” at Kim Dotcom, say top forensic accountants. Secretary of State Hillary Clinton is even expected to sign the final extradition request.

Charges against the founder of Megaupload, a file-sharing website, go beyond copyright infringements and include money laundering and racketeering.

PricewaterhouseCoopers director of forensic services Alex Tan said it followed a tendency by US prosecutors to take a “very wide interpretation of the law”.

“It’s a case that has demanded the world’s attention. If they’re going to do this, and spend all this money and go through governments, it’s not for a two-month jail sentence.

“They’re going to throw everything in the book and be very good at applying laws,” Mr Tan said.

An extradition request was part of a reciprocal treaty and not out of order – but it was nevertheless delicate and conducted at the highest levels, he said.

“It’s not done at the local level. It’s most likely that the Secretary of State – Hillary Clinton – personally signs it.

“Between the FBI and Hillary Clinton, it goes past a thousand eyes because they’re asking a sovereign country to put somebody on a plane.”

The final request would have to be robust, Mr Tan said.

“You’re not going to give Hillary Clinton a bunch of dud papers to sign, because it makes her look silly.”

Dotcom is in custody as he awaits a February 22 callover, having had requests for bail declined.

His heavily pregnant wife – who has been described as in a “frail” condition – is living at their house in Auckland with their three children.

Most of the family’s possessions have been seized by authorities.

The indictments for Dotcom and his co-defendants have been made available, but the official extradition request is yet to be lodged.

The deadline is March 5.

Mr Tan said the money-laundering and racketeering charges had been devised on the back of the alleged copyright infringements.

Money-laundering charges applied to any transactions of money made from serious crime – even where there was no attempt to conceal it, he said.

“A guy hits a grandmother over the head and steals her handbag for $30, then buys a pack of cigarettes with it – if you deal with it in any way at all it becomes money laundering,” he said, though he added that the original crime must be serious, usually carrying a jail term of at least five years.

As part of the charge, the indictment against Megaupload lists a series of payments to the firm hosting its servers.

Elsewhere in the document, the prosecutors allege that the website concealed its criminal activity because it withheld copyrighted files from its search results.

Mr Tan said the racketeering charge could be applied where a group of defendants faced two crimes out of a list of 35, which included copyright infringement and money laundering.

The charge had been “extremely successful” in elevating penalties and dealing to organised crime and the Mafia.

There was no direct equivalent to the charge in New Zealand, Mr Tan said, although various fraud charges could add up to something similar.”

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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.

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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 and OFAC SDN Sanctions Removal.

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

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Antigua judge rejects appeal by ex-regulator

February 7, 2012

CBS News on February 6, 2012 released the following:

“(AP) ST. JOHN’S, Antigua — An Antiguan judge on Monday upheld a decision paving the way for the U.S. extradition of a former financial regulator indicted in an alleged $7 billion swindle by Texas financier R. Allen Stanford.

High Court Judge Mario Michel on Monday rejected Leroy King’s challenge on a magistrate’s 2010 ruling.

The decision to extradite is now in the hands of Prime Minister Baldwin Spencer, who also serves as the Caribbean country’s external affairs minister. He made no immediate comments about King.

King was fired in 2009 as Antigua’s top financial regulator after being accused of accepting bribes to turn a blind eye to irregularities in Stanford’s financial empire. He also allegedly wrote false and misleading letters to the U.S. Securities and Exchange Commission.

Dane Hamilton, King’s attorney, would not comment about Monday’s ruling, except to say that his client is “exploring other legal options.”

King, who remains under house arrest at his beachfront condominium just outside the capital of St. John’s, had led Antigua’s Financial Services Regulatory Commission. He has been indicted of conspiracy to commit mail fraud, wire fraud, money laundering and obstruction of the SEC.

U.S. prosecutors allege Stanford orchestrated a massive Ponzi scheme by advising clients to invest more than $7 billion in certificates of deposit from the Stanford International Bank in Antigua.

Stanford’s attorneys contend the financier was a savvy businessman whose financial empire, headquartered in Houston, was legitimate.

At Stanford’s trial in Texas last week, the financier’s former finance chief testified that bribes of at least $10,000 to $15,000 were allegedly paid every three months to King.

King helped tip the financier off in 2005 when the U.S. Securities and Exchange Commission began investigating the CD program, Davis testified. Stanford help write the response King sent back to the SEC in 2006 saying his agency had found nothing wrong at the bank, he 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 Antigua and Barbuda 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 and OFAC SDN Sanctions Removal.

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

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Megaupload founder faces lengthy extradition battle

January 25, 2012

Thomson Reuters on January 25, 2012 released the following:

Reporting by Gyles Beckford and Rebecca Hamilton

“Jan 25 (Reuters) – Efforts by the United States to extradite the mastermind of an alleged Internet piracy scheme from New Zealand to face copyright infringement and money laundering charges are likely to be long and complex.

Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until Feb. 22 ahead of a hearing of a U.S. extradition application.

U.S. authorities claim Dotcom’s file-sharing site, Megaupload.com, has netted $175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom’s lawyers say the company simply offered online storage and that he will fight extradition.

“It could take some considerable time to get through the whole thing,” said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.

Dotcom, 38, and three others, were arrested on Friday after a police raid at his rented country estate, reputedly New Zealand’s most expensive home, at the request of the U.S. Federal Bureau of Investigation.

Under New Zealand’s extradition law the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.

“What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offence had occurred in New Zealand,” Illingworth said.

“If the evidence doesn’t make out, what under New Zealand law amounts to a prima facie case, then the person walks away.”

A 1970 extradition treaty between the United States and New Zealand gives the U.S. 45 days from the time of Dotcom’s arrest to request extradition. The New Zealand Extradition Act, passed in 1999, gives the United States preferential status to access a streamlined process for making its request.

The judge who refused Dotcom bail said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.

“All I can say is that there appears to be an arguable defense, at least in respect of the breach of copyright charges,” Judge David McNaughton wrote in his judgement.

CIVIL MATTER

Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum 5-year jail term for serious breaches.

Rick Shea, a partner at Lowndes Jordan in Auckland, said there were some differences between New Zealand and U.S. copyright law, in terms of knowledge, that could be an issue.

Douglas McNabb, a U.S. lawyer who specializes in extradition defense, said extraditions to the United States have to meet probable cause – the same standard that is required for making arrests in the United States.

Although the extradition hearing is not a test of guilt or innocence, McNabb said Dotcom’s lawyers may argue they should be allowed a limited discovery process to show that probable cause has not been met.

Prime Minister John Key said the issues raised were serious and New Zealand would co-operate with the U.S. authorities.

“This is the largest, most significant case in Internet piracy so New Zealand is certainly going to work with the United States authorities to allow them to extradite Kim Dotcom,” he said on TV3.

According to Shea, New Zealand has never had an extradition proceeding involving copyright law. “I wouldn’t expect this to be sorted out quickly,” he said.

AGGRESSIVE CHARGES

Anthony Falzone, Director for Copyright and Fair Use at Stanford Law School’s Center for Internet and Society, said it was too early to comment on the strength of the case, but questioned whether some of the allegations in the indictment would actually push Megaupload outside the safe harbor provisions of the Digital Millennium Copyright Act.

The indictment “pushes some pretty aggressive theories”, Falzone said.

The most recent Supreme Court case to deal with similar issues was in 2005. In MGM v. Grokster, the U.S. court highlighted the importance of intent in determining if an Internet firm was liable for its users infringing copyright.

“A lot of the Megaupload case may also rise and fall on the question of intent,” said Falzone.

With MGM, the court found the intent of the Internet company from the beginning was to build a tool to facilitate illegal sharing.

“Maybe that’s what the Feds (FBI) think they have here, too,” said Falzone.

The case is USA v. Kim DotCom et al, U.S. District Court, Eastern District of Virginia, no. 1:12CR3.”

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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 and OFAC SDN Sanctions Removal.

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

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FBI Seeks Extradition of Alleged Internet ‘Pirate’

January 20, 2012
Megaupload Kim Dotcom
Alleged Megaupload boss Kim Dotcom. Photo: Reuters

The Sydney Morning Herald on January 21, 2012 released the following:

“Kirsty Johnston

AN INTERNET multimillionaire accused of online piracy who allegedly headed up the global file-sharing website Megaupload.com from his luxury mansion north of Auckland faces extradition to the US after he was arrested yesterday by armed police at the request of US officials.

The FBI yesterday shut down Megaupload.com, one of the world’s most popular file-sharing websites, after filing an indictment in a US court earlier this month alleging its founder, Kim Dotcom, 37, (also known as Kim Schmitz) and six others, dubbed the ”Mega Conspiracy”, engaged in racketeering, copyright infringement and money laundering.

Schmitz, a former computer hacker, and six others were arrested on five charges laid in an indictment by a US grand jury in the state of Virginia.

The US Justice Department and the FBI who led the crackdown said Megaupload.com and other related sites generated more than $US175 million ($A168 million) in criminal proceeds and caused copyright holders more than $US500 million in lost revenue from pirated films and other content.

Megaupload is based in Hong Kong, but some of the alleged pirated content was hosted in the US on leased servers in Ashburn, Virginia, which gave US authorities jurisdiction, the indictment said.

Megaupload has boasted of having more than 150 million registered users and 50 million daily visitors, according to the FBI indictment. At one point, it was estimated to be the 13th most frequently visited website on the internet.

Schmitz founded the Hong Kong-based Megaupload website in 2005, which distributed a myriad of copyrighted works including movies, television programs, music, software and books. Megaupload also offered financial incentives for users to upload popular content and drive web traffic to the site.

Schmitz made $US42 million from Megaupload and other associated websites in 2010, according to the FBI’s indictment.

Despite opposition to the site’s operations from record labels and other copyright holders, many celebrities and artists backed its work – with chart-toppers Kanye West, Will.i.am and P. Diddy starring in a support video last year.

The US indictment paints a picture of a sprawling multinational operation, with more than 20 search warrants executed in nine countries, including New Zealand and the US.

When he appeared in Auckland’s North Shore District Court yesterday, Schmitz, a flamboyant German computer hacker who has past convictions from his home country, said he ”had nothing to hide” when appearing alongside three of his co-accused. ”We don’t mind if there’s press coverage if people want to photograph us, let them,” he said, overriding his lawyer, Auckland QC Paul Davison.

Detective Inspector Grant Wormald said it was ”likely” the men had also breached New Zealand copyright laws, although police had no intention of laying charges in the country.

The men face copyright infringement charges in the US which carry sentences of up to 20 years.

Schmitz is no stranger to being on the wrong side of the law, with a list of convictions including insider trading, credit card fraud, hacking and embezzlement. Schmitz also holds Finnish citizenship, and has Hong Kong and New Zealand residency.

Schmitz was granted New Zealand residency, reportedly after investing $NZ10 million ($A8 million) in government bonds and making a generous donation to the Christchurch earthquake fund.

Possessions taken from his $30 million mansion yesterday provided a hint of the extravagant lifestyles of the accused men.

More than 20 luxury cars worth a combined $6 million were taken from the site, including a 2008 Rolls-Royce Phantom Drophead Coupe, with the licence plate ”GOD”. Others including Mercedes Benzes, a Maserati and a Harley Davison motorbike.”

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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 and OFAC SDN Sanctions Removal.

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

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Miguel Angel Nevarez, Accused Killer of U.S. Consulate and Others, Extradited to U.S. For Trial

August 30, 2011

The Las Crucues Sun-News on August 29, 2011 released the following:

“LAS CRUCES – One of the accused killers in the murders of a U.S. consulate employee, her husband and another man in Juárez has been extradited to the United States to stand trial, the Justice Department announced.

Miguel Angel Nevarez was among 10 alleged members and associates of a Southwest border gang indicted in the slayings of consulate employee Leslie Ann Enriquez Catton and her husband, Arthur H. Redelfs. They were killed on March 13, 2010, when gunmen opened fire on their sport utility vehicle after they left a birthday party.

Jorge Alberto Salcido Ceniceros, the husband of a Mexican employee of the consulate, also was killed by gunmen after leaving the same event in a separate vehicle.

Nevarez, 30, was charged with conspiracy, murder in aid of racketeering and federal firearm charges in the killings of the three. Nevarez arrived in the United States on Thursday and made his initial appearance Friday before a federal magistrate judge in El Paso. He had been in the custody of Mexican authorities pending extradition since his arrest on Oct. 30, 2010.

A grand jury indictment unsealed in March in El Paso charged 10 defendants in the killings along with 25 other people – saying all 35 were linked to the Barrio Azteca gang. All but four of the 35 are in custody in the United States or Mexico and all including Nevarez are charged with conspiracy to commit racketeering, drug distribution, drug importation and money laundering.

The indictment did not supply a motive for the killings – which U.S. Attorney General Eric Holder said in March were so brutal that the motive was almost irrelevant.

At the time, FBI Executive Assistant Director Shawn Henry said the case was an important step in dismantling one of the most violent gangs along the Southwest border.

U.S. law enforcement officials said that to increase its power, Barrio Azteca formed an alliance with the Vicente Carrillo Fuentes drug trafficking organization in Mexico and conducted enforcement operations against VCF rivals.”

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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

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Aleksander Efrosman Extradited from Poland Following Joint Investigation by the United States, Panama, Austria, Czech Republic, and Poland

August 8, 2011

The Federal Bureau of Investigation (FBI) on August 8, 2011 released the following:

“Aleksander Efrosman, a U.S. citizen who had been living in Krakow, Poland, was extradited to the United States Friday evening to face mail fraud, wire fraud, and money laundering charges contained in an indictment returned by a federal grand jury in Brooklyn on February 16, 2006.[1] Efrosman was arraigned on Saturday morning before United States Magistrate Judge Andrew L. Carter at the U.S. Courthouse in Brooklyn, New York, and ordered detained. The defendant’s initial appearance before United States District Court Judge Nicholas G. Garaufis is scheduled for Wednesday, August 10, 2011, at 10:00 a.m.

The indictment and extradition were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Ronald J. Verrochio, U.S. Postal Inspector in Charge, New York Division.

As alleged in the indictment and a detention letter filed by the government, from January 2004 through June 2005, Efrosman defrauded investors by soliciting investments purportedly for the purpose of trading in the stock market and the foreign currency exchange (“forex”) market. Efrosman falsely told investors that he had a history of profitable trading and that the investments would be protected by a “stop-loss” mechanism which ensured that no trade lost more than 3 percent. Based on these misrepresentations, Efrosman received over $5 million from more than 100 investors. Efrosman did not invest the funds as promised, but instead used the funds for his personal benefit, including gambling over $3 million at the Foxwoods Casino.

As detailed in the government’s filings with the court, in 2005, Efrosman fled the United States with millions of dollars of investors’ funds, first traveling to Cozumel, Mexico, then to Panama and ultimately to Poland, assuming the identity of “Mikhail Grosman” and using a high-quality fraudulent Russian passport. In the meantime, federal agents in the United States developed leads in Eastern Europe. In a coordinated multinational effort, law enforcement authorities in Austria, the Czech Republic and Poland tracked and ultimately arrested Efrosman in Krakow, Poland, on May 28, 2010.

“This defendant allegedly created a web of lies to fleece unsuspecting investors. He thought that his lies and a false identity would allow him to evade the consequences of his actions. He was wrong. Through the combined efforts of law enforcement on three continents, the defendant was identified, pursued and successfully apprehended,” said United States Attorney Lynch. “He will now be held to account for the charged crimes.” Ms. Lynch expressed her grateful appreciation to the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), the U.S. Department of State and law enforcement authorities in Canada, Panama, Austria, the Czech Republic and Poland for their assistance.

FBI Assistant Director in Charge Fedarcyk said, “In an open society, national borders pose little or no obstacle to determined criminals. That’s why international cooperation among law enforcement agencies is essential, both in solving crimes and in apprehending those who commit them. This defendant is now in custody because of that kind of cooperation.”

Postal Inspector in Charge Verrochio said, “I would like to thank the U.S. Attorney’s Office for its relentless pursuit of the defendant. This case illustrates that alleged fraudsters can hide, but the Postal Inspectors and the FBI will never give up their search.”

If convicted, the defendant faces a maximum penalty of 20 years’ imprisonment. The indictment also seeks forfeiture of the funds the defendant obtained through the charged fraud.

The government’s case is being prosecuted by Assistant United States Attorney Daniel Spector.

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

The Defendant:
ALEKSANDER EFROSMAN
Age: 49″

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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Bahamian Attorney Faces U.S. Extradition

October 26, 2010

Extradition efforts are under way for a Bahamian lawyer charged in the money-laundering conspiracy case that sent former Broward County Commissioner Josephus Eggelletion to prison. The Southern District of Florida has issued an arrest warrant for Bahamian attorney, Sidney Cambridge.

More than a year after criminal charges were filed against Eggelletion and three co-defendants, federal prosecutors have filed paperwork to try to extradite Cambridge, a Nassau-based lawyer and former treasurer of the Progressive Liberal Party in the Bahamas.

The four men were charged with taking part in a conspiracy to launder $900,000 from the U.S. through the Bahamas and then via St. Croix in the U.S. Virgin Islands. The plot was actually an undercover FBI operation that used agents posing as money managers who claimed they were trying to hide profits from an illegal Ponzi scheme.

Eggelletion pled guilty in December to conspiring to launder money and filing a false tax return. He is currently serving 2 1/2 years in prison.

Cambridge is the only remaining individual yet to face prosecution. Due to the close proximity of the Bahamas to Florida, Cambridge may try to avoid extradition altogether by agreeing to cooperate with the U.S. government.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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

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Jamaican Financier Indicted for Alleged Fraud; Faces Extradition to U.S.

August 25, 2010

A Jamaican financier accused of defrauding thousands of investors with an alleged multimillion-dollar Ponzi scheme has been indicted in a Florida court on fraud and money laundering charges, officials said Tuesday.

David Smith, who allegedly promised big returns to over 6,000 clients in the Caribbean and Florida through an investment club called Olint, is accused of transferring millions to his personal bank accounts “to finance a lavish and expensive lifestyle,” according to a 23-count indictment handed down in Orlando, Florida.

U.S. authorities declined to discuss Smith’s possible extradition. But the suspect’s lawyer in the Turks and Caicos Islands — where Smith has faced forgery, theft, false accounting and other fraud-related charges since last year — said he expected U.S. authorities would soon file a request. Because alleged victims were located in the U.S., extradition to the U.S. is likely forthcoming.

Smith was released on $2 million bail and resides in Providenciales. His next appearance in Turks and Caicos’ Supreme Court is set for Sept. 21.

The Jamaican financier moved to the British Caribbean dependency of Turks and Caicos after Jamaican authorities raided his company’s Kingston office in March 2006 and barred it from operating in the country.

The U.S. indictment against Smith, alleges that individuals in Jamaica, Turks and Caicos, Orange County, Florida, and elsewhere were supposedly lured to invest in Smith’s businesses, which was presented as a private club where money would be pooled to engage in foreign currency trading.

Among other forfeitures, U.S. authorities say they are seeking $128 million and a house in affluent Windermere, Florida, which Smith purportedly bought with a nearly $160,000 downpayment traceable to the alleged wire fraud.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas 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 Fugitive from Texas Arrested by AFI in Mexico; US Extradition Pending

July 19, 2010

Harris Dempsey “Butch” Ballow, 67, formerly of Galveston County, Texas, has been charged with conspiracy and wire fraud in a two-count indictment by a Houston grand jury, United States Attorney José Angel Moreno announced today.

Ballow was a fugitive from justice in the United States for more than five years until his arrest on Tuesday, July 13, 2010, by agents of the Mexican Agencia Federal de Investigaciones (AFI) working closely with the FBI pursuant to a provisional arrest warrant. Ballow remains in custody in Mexico City awaiting extradition to the United States.

Originally indicted in federal court in Houston in 2003 for fraud and money laundering centering on misrepresentations made in connection with the purchase and sale of stock, Ballow pleaded guilty before U.S. District Judge David Hittner to money laundering in November. At the time, Ballow, who had been in custody without bond for approximately a year, agreed to cooperate with an Securities and Exchange Commission investigation and was released on a $100,000 bond pending his sentencing set for Dec. 16, 2004. However, facing 10 years imprisonment, Ballow failed to appear for the sentencing and fled the country. A warrant for Ballow’s arrest issued the next day, Dec. 17, 2004.

According to allegations in today’s indictment, Ballow lived under the names John Gel, Tom Brown and Marty Twinley during his time as a fugitive and also acquired a British passport in the name of Melvyn John Gelsthorpe. The indictment alleges Ballow used these names to take control of publicly-traded United States corporations, including E-SOL International Corp., Medra Corp., Deep Earth Resources Inc. and Aztec Technology Partners Inc.—now called Ultimate Lifestyles Corporation— and sold the stock to investors without revealing his true identity, his use of multiple names, his past convictions for fraud and money laundering and his status as fugitive from justice in the United States.

The indictment further alleged that Ballow moved to Puerto Aventuras, Mexico, in 2008, but disappeared in July 2009, just days after allegedly convincing an American investor from Texas to wire transfer $5 million to E-SOL in Reno, Nev. In October 2009, the indictment alleges Ballow reappeared in Puerto Vallarta, Mexico, where he lived in a luxurious golf resort and was arrested by Mexican federal police on July 13, 2010.

An indictment merely contains allegations of unlawful violations. Individuals are innocent until proven guilty beyond a reasonable doubt.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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

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