Guatemala to possibly extradite alleged Sinaloa cartel member to the United States (U.S.)

June 13, 2012

Fox News Latino on June 13, 2012 released the following:

“Guatemala to extradite Sinaloa cartel member to U.S.

A Guatemalan court has given the United States 40 working days to present evidence against Walter Alirio Montejo, a Guatemalan suspected of belonging to Mexico’s Sinaloa cartel and the subject of a U.S. extradition request, judicial officials said.

Montejo was arrested Sunday in Huehuetenango, a province on the border with Mexico.

The suspect appeared before a criminal court in Guatemala City on Tuesday and refused to make a statement.

The court has given a U.S. federal court in the District of Columbia time to present evidence to back the extradition request.

The 38-year-old Montejo allegedly belongs to the Sinaloa cartel, Mexico’s oldest and most powerful drug trafficking organization, and is wanted on drug charges in the United States.

An arrest warrant was issued for Montejo by U.S. authorities in 2010, judicial officials said.

Montejo allegedly received drugs in Guatemala from South America that were bound for the United States.

The suspect belonged to the Los Lorenzana gang, which smuggled drugs into Mexico from Huehuetenango, judicial officials said, adding that the narcotics were later smuggled into the United States.

Montejo, according to Guatemalan authorities, was the target of a hit in November 2008 that sparked a shootout between Mexican and Guatemalan drug traffickers that left 17 people dead in a village in Huehuetenango.

Waldemar Lorenzana, the suspected leader of the Los Lorenzana gang, was arrested in April 2011 at the request of the United States, where he is the subject of an extradition case.

Guatemalan authorities have not yet acted on the request for the extradition of Lorenzana, who faces drug charges in the United States.

Elio Lorenzana, Waldemar’s son, was arrested in Guatemala in November 2011 and his extradition was authorized in February.

The Sinaloa cartel is led by Joaquin “El Chapo” (Shorty) Guzman, who was arrested in Guatemala in 1993 and pulled off a Hollywood-style jailbreak when he escaped from the Puente Grande maximum-security prison in the western Mexican state of Jalisco on Jan. 19, 2001.

The Sinaloa organization is sometimes referred to by officials as the Pacific cartel.

Guzman, considered extremely violent, is one of the most-wanted criminals in Mexico and the United States, where the Drug Enforcement Administration has offered a reward of $5 million for him. EFE”

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and 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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USA: The long arm of American copyright-Asia Sentinel

March 21, 2012

facthai.wordpress.com on March 17, 2012 released the following:

“Kim Dotcom and America’s Debatable Hegemony

America’s long arm might be too long. Washington attempts to rewrite the concept of sovereign borders in Megaupload copyright case

Paul Karl Lukacs
Asia Sentinel: March 13, 2012

On Feb. 29, a New Zealand judge reminded the United States government that its power has limits. Washington is unlikely to heed the message.

The issue before the Auckland High Court was whether Kim Dotcom (previously Kim Schmitz) should be given bail for house arrest and electronic monitoring pending his August extradition hearing. The US Justice Department, alleging that Dotcom’s Megaupload family of web sites constituted a criminal conspiracy to infringe copyrights, demanded that Dotcom be held in a Kiwi jail until formally transported to the States for trial.

In his judgment, Justice Timothy Brewer rejected the Americans’ argument, noting “the presumption at law that Mr. Dotcom should have his liberty,” and ordered that the defendant remain out of prison. Justice Brewer, a junior bench officer who has held his post for less than two years, found that Dotcom was not a proven flight risk since, among other factors, the US and allied governments had seized about US$25 million in assets, which Dotcom would presumably fight to regain.

The judge, addressing only the specific issue before him, did not ask the larger question: How exactly was the United States claiming authority over Dotcom, a European operating in Asia and Oceania?

It is a good question. American prosecutors allege that Dotcom, known for his extravagant lifestyle, engaged in criminal copyright infringement. But federal courts have made it clear that US copyright laws apply only within the physical territory of the United States and do not apply outside the country.

“Copyright laws do not have extraterritorial operation,” according to the federal appeals court in New York. Its coordinate court in California agreed, thereby setting the rule for the country’s entertainment industry.

Consequently, the US assertion of jurisdiction against Dotcom is problematic on its face. A review of the factual allegations in the Justice Department’s 72-page indictment reveals that the case is based on a weak jurisdictional foundation, specifically that Dotcom allegedly had a banking relationship with PayPal and that he allegedly stored some data on a few servers in Virginia (possibly without his knowledge). In other words, it is obvious from the prosecutors’ own one-sided version of events that Dotcom operated outside the United States and that investigators were charged with digging deep to find one or two gotchas on which the US could premise its exercise of personal jurisdiction.

While other nations are limited by resources and principles from exerting their will outside of their borders, the US has not been shy about attempting to dictate global rules. In 1977, Congress passed the Foreign Corrupt Practices Act in which it commanded that US nationals doing business abroad were required to adhere to American anti-bribery standards regardless of the economic impact or the on-the-ground reality.

In 2003, anti-pedophile hysteria resulted in the PROTECT Act, which prohibits US travelers from engaging in sexual intercourse with persons under 18 anywhere in the world no matter the local age of consent. Recently, US expats have been subject to financial reporting requirements that strip them of banking privacy.

While the extraterritorial reach of those laws was justified by the drafters on the grounds that they applied only to US nationals, the Dotcom case is a flat-out assertion by the United States that its laws can be applied to anyone anywhere — even when, as with the Copyright Act, federal judges have plainly said that they can’t.

Dotcom appears to have had nothing to do with the United States, and if he did, the Justice Department would have said so. Rather, Dotcom holds passports from Germany and Finland under different names (all of which are legal, as the New Zealand judge noted). His businesses are headquartered in Hong Kong. He lives with his children and pregnant wife in New Zealand.

Yet the US government has used the shakiest of jurisdictional pretexts to close his business, freeze his assets and arrest him, all of which happened without an adversarial hearing on the merits. In a routine civil copyright case, an injunction or attachment of assets can issue only after notice and an opportunity to test the plaintiff s evidence in open court. Here, the US government avoided those safeguards.

In an equally troubling development, multiple foreign governments have assisted the US in its prosecution. For example, at the bail hearing before Justice Brewer, the United States was represented not by independently retained counsel but by the New Zealand government’s Crown Law Office.

When executing the initial arrest warrant, the Kiwi police were armed, an unnecessary show of deadly force when dealing with a businessman accused of a property crime. In the Chinese territory of Hong Kong, police are reported to have dispatched about 100 officers to raid Dotcom’s offices and residences.

The United States is re-writing the very concept of borders. Previously, a nation’s ability to exert its authority was limited by physical restraints which stopped at, or, in some cases, well short of a line on a map. With modern electronics and communications equipment (not to mention mobile armed forces), a wealthy nation can exert pressure where ever it wants against whomever it targets.

Assertions of extraterritorial jurisdiction by major powers may become one of the most controversial legal issues of the decade.”

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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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 C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Major Adam Benoit Arrested by the US Marshals on a Provisional Arrest Warrant Seeking His Extradition From the United States to Costa Rica

July 7, 2011

KPLC-TV on July 6, 2011 released the following:

“International criminal arrested in Lake Charles

Posted By Kristian Claus

The following is a news release from: The US Marshals, Western District of Louisiana

LAKE CHARLES, La. — Thirty-seven-year-old Major Adam Benoit was arrested by members of the US Marshals Violent Offender Task Force with critical assistance from the Louisiana State Police, Intelligence Division at a Lake Charles area Casino at about 12:45 a.m. Saturday.

Benoit was arrested on a provisional arrest warrant seeking his extradition from the United States to Costa Rica. The warrant was signed in the Western District of Louisiana on charges stemming from a June 2, 2010, armed robbery that allegedly occurred in Heredia, Costa Rica.

The charges in Costa Rica are referred to as, “Grave Theft with Violence on People.” Allegedly, Benoit and an associate robbed a taxi cab driver with a knife.

At the direction of the Attorney General and through agreement with the Department of Justice, the US Marshals Service is the primary agency responsible for investigating foreign fugitive cases; cases involving fugitives in the United States who are sought by other countries.

United States Attorney Stephanie Finley stated, “This arrest reflects the hard work of the Marshals Service of the Western District of Louisiana and the District’s Violent Offender Task Force.

The Marshals Service is on the front line every day in our fight against crime. They play a vital role in keeping our communities safe.

The apprehension of Major Benoit should send a message to anyone who is actively avoiding arrest or has an outstanding warrant, in this country or from a foreign country, that the Marshals Service will find you and bring you to justice.”

The Western District of Louisiana’s Violent Offender Task Force (VOTF) in Lafayette and Lake Charles is a team comprised of full-time law enforcement officers from the Lafayette City Marshals, Iberia Parish Sheriff’s Office, Lafayette Police Department, St. Mary Parish Sheriff’s Office, St. Martin Parish Sheriff’s Office, Lake Charles Police Department, Calcasieu Parish Sheriff’s Office, and Louisiana Probation and Parole.

Further, VOTF calls upon part-time TFO’s throughout its coverage area. In 2010 VOTF in Lafayette and Lake Charles closed approximately 600 Warrants, most of which were violent felony offenses.

US Marshals Task Forces throughout the United States arrested more than 82,000 state and local fugitives and over 36,000 federal fugitives.”

US Marshals Wanted Poster for Major Adam Benoit.

Costa Rica Extradition Treaty with the United States.

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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