“Former Guatemalan President Pleads Not Guilty After Extradition”

The Wall Street Journal on May 28, 2013 released the following press release:

“Samuel Rubenfeld
Wall Street Journal

A former Guatemalan president was extradited last Friday to New York to face money laundering charges, the latest in the Justice Department’s heightened efforts to get defendants detained internationally to face corruption charges.

Alfonso Portillo,who led Guatemala from 2000 to 2004, embezzled tens of millions of dollars in state assets, some of which he laundered through U.S. and European bank accounts, prosecutors alleged Tuesday.

Portillo pleaded not guilty on Tuesday in a hearing before U.S. District Judge Robert Patterson. If convicted, Portillo faces a maximum of 20 years in prison.

He has long denied the allegations against him, telling CNN en Español in January the charges are a political witch-hunt borne of his opposition to the U.S.-led Iraq war.

“If deposits were made, they are deposits that first of all come from institutions that are not illicit,” he was quoted by CNN as saying. “In order for there to be laundering, the first requirement is that the money is from an illegal origin or comes from an illegal activity.”

Portillo’s extradition to the U.S. highlights a recently favored tool in corruption cases by law enforcement authorities, in which people are detained overseas and brought to the U.S. to face the charges against them.

The Justice Department built up its capacity and bolstered its relationships with foreign counterparts, allowing it to more frequently pursue cases and defendants internationally, said Peter Carr, a spokesman, in an email.

“The result is we are pursuing the extradition of more defendants, including high-profile defendants, such as [Viktor] Bout and Portillo,” Carr said.

However, the results of these efforts are somewhat mixed, based on a review of recent cases.

Bout was extradited and convicted, and sentenced to 25 years in prison. His associate was extradited to New York last week.

In January, a U.K. businessman was extradited, pleaded guilty and was sentenced in El Paso, Texas, federal court to three years behind bars for trying to help ship missile parts to Iran.

And in April 2012, the leader of a Mexican drug cartel was brought to the U.S. to face racketeering and money-laundering charges, for which he pleaded guilty and was sentenced to 25 years in prison.

But prosecutors are struggling to bring a former Thai official to the U.S. to face money-laundering charges in a case that’s been stayed until March 2014, and their support to Bahamian authorities in another case still ended in failure.

In another case, prosecutors have been trying to extradite a South Korean man since 2009 to face U.S. foreign bribery charges, but court papers from the man’s lawyers say Seoul won’t do it because the people he’s accused of bribing aren’t considered public officials under local law.

Carr declined to comment on the Justice Department’s record of extradition.”

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Douglas McNabb – McNabb Associates, P.C.’s
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We previously discussed the extradition treaty between the United States and Guatemala 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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