Judge Ponders Canadian Man’s Extradition to the United States

October 17, 2012

ABC News on October 17, 2012 released the following:

EDMONTON, Alberta
Associated Press

“A judge will rule Friday whether to extradite a Canadian man to the United States on charges that he helped coordinate Tunisian jihadists believed responsible for separate suicide attacks in Iraq in 2009 that killed five American soldiers outside a U.S. base and seven people at an Iraqi police complex.

Sayfildin Tahir Sharif, who holds dual Canadian and Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.

The prosecution contends that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting terrorists who conducted the suicide bombings.

Sharif, 40, never left Canada as part of the alleged conspiracy. He was born in Iraq but moved to Toronto as a refugee in 1993 and became a Canadian citizen. He has also gone by other names, including Faruq Muhammad’Isa.

His lawyer, Bob Aloneissi, argued in final submissions Tuesday that the prosecution provided no clear evidence that Sharif helped support a terrorist group.

Aloneissi said Sharif’s right to legal advice was violated when the Royal Canadian Mounted Police, FBI and U.S. Justice Department officials interrogated him immediately following his Jan. 19, 2011, arrest at an Edmonton apartment.

A U.S. Department of Justice investigator interviewed him with an FBI agent and a RCMP corporal present, the extradition request said. The interview “was conducted in compliance with United States law,” with Muhammad ‘Isa signing a waiver before voluntarily answering questions, it said.

During the interview, Muhammad ‘Isa admitted he corresponded by email from Canada with two of the terrorists while they were in Syria, and knew that they were on a mission to kill Americans, the paperwork says. The documents allege he corresponded with “facilitators” who were trying to get the attackers into Iraq, and wired one of them $700.

Justice Adam Germain of Edmonton Court of Queen’s Bench reserved his ruling until Friday.

Germain pointed out the standard of evidence required to extradite someone is much lower than is required for use in a criminal trial.

On Monday, Germain ruled that videotaped statements that Sharif made to police during his interrogation would be admitted as evidence.

If convicted of terrorism charges in the United States, Sharif could face a maximum sentence of life imprisonment.”

————————————————————–

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 Canada 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:


Marina Talashkova to remain in custody in Canada until her actual extradition hearing date

April 18, 2012

The Voice of Russia on April 17, 2012 released the following:

Liudmila Chernova

“Marina Talashkova to stay in Canada until her extradition

Russian flight attendant Marina Talashkova will remain in custody in Canada until her actual extradition hearing date set by Canadian Ministry of Justice.

Senior Consul of the Russian Consulate in Toronto Igor Kiikov said the next hearing would take place in several weeks.

Kiykov: “The next hearing date is set for May 24. During that hearing the detailed examination of all or part of the charges will be made in a narrow aspect. And it will be decided if the evidence and charges are serious enough, and if they are considered to be a crime according to the Canadian law, as if a similar crime was committed in Canada.”

Talashkova’s Toronto lawyer Tyler Hodgson said that before the third scheduled court appearance the Canadian authorities had provided the defense with the American statement of the case.

Hodgson: “The Americans as they are required due to the extradition act have provided certification from the prosecuting authorities that they have evidence available to call in relation to the offenses for what they seek to extradite her.”

Hodgson added that Canadian justice officials agreed to continue with judicial proceedings.

Hodgson: “The authorizations proceed from the Canadian Ministry of justice on extradition hearing relating to one count of fraud and one count of possession of stolen property.”

Talashkova is accused of an alleged involvement in a multi-dollar Internet fraud case that occurred in America.

A Federal Grand Jury indicted six foreign nationals, three of whom are Russian, on charges of defrauding American car buyers through well-known websites, such as eBay Motors, Auto Trader, Yahoo Auto, Edmunds.com and Craigslist. According to the indictment, for 3 ½ years the members of the conspiracy allegedly offered vehicles for sales on various legitimate websites, and after a price was negotiated, the defendants allegedly sent fraudulent invoices. The collected money was siphoned from escrow accounts to Europe.

Hodgson noted that according to the indictment, Talashkova withdrew money from various bank accounts in Nevada that she opened in her own name. The deposits were made people attempting to purchase vehicles, but vehicles were never provided.

Hodgson: “What I would point out is that there is no allegation that Marina opened any bank accounts using second identification or passports, which is alleged for the other members of the conspiracy. And her involvement is limited essentially to a one week period in July of 2007. So I think even on the documents that American authorities have provided, her involvement is quite limited.”

Kiikov said that Talashkova had already received her case file.

Kiikov: “She does not speak English well enough, and we will demand to provide her with the certified translation of these materials.”

On its behalf, Russia raised concerns over Talashkova’s case as the Americans failed to use the 1999 Mutual Legal Assistance Treaty, advising direct assistance between Russia and America and not the third party.

Hodgson: “I think that certainly will become a live issue in her extradition hearing.”

Talashkova was detained by the Canadian authorities on January 15 by the US request. The Russian General Consulate in Toronto was informed by Canadian authorities the same day. However Russia did not receive an official note from America. The stewardess has denied any involvement in illegal activities.

Hodgson stressed that the ignoring of obligation to use the treaty is Russia’s firm position, which is stated in the correspondence to the Canadian Department of Justice.

Hodgson: “The fact that they failed to do so and waited until she arrived in Canada isn’t a decent process. And that is certainly something that we’ll be advocating during the extradition hearing and ultimately it will be up to the judge to decide.”

Voice of Russia tried to reach the US Justice Ministry for comment, but received no answer.

Not many are familiar with the pitfalls of extradition procedure. Hodgson pointed that the test to extradite somebody differs from the test to prove a criminal conviction.

Hodgson: “In order for the Americans to convict Marina or anyone of the criminal offense, they have to prove it beyond the reasonable doubt. To extradite somebody is a much lower threshold test and essentially it is that the prosecuting authorities, in this case the United States, simply are able to provide some evidence of a criminal conduct and the judge that presides the extradition hearing is not really allowed to delve into the quality of the evidence and to assess whether a knowledge is credible. So, it is a much lower threshold.”

Talashkova is being held in Milton women’s prison in the Ontario province, 37 miles away from Toronto in a two-person prison cell.

Kiikov said that she doesn’t have any complaints on the conditions in jail.

Kiikov: “The representatives of Trans Air regularly visit Marina in jail. We have also been there to check the conditions of detention. Canadian jails are quite clean, so there are no complaints in this regard. The food is good there. She has an opportunity to take Russian books from the library given there by us, as they did not have any books in Russian there before. And they promised to buy her an English-Russian dictionary.”

Kiikov said the consulate continues to stay in contact with Talashkova, and assist with what is necessary.

Kiikov: “We work very closely with the lawyer. Her mother came to visit her and looked at the conditions in the jail. But there is no essential decision on her detention and extradition.”

Hodgson noted though Talashkova is upset and confused, she is trying to persevere.

Hodgson: “I think that she is strong and she is holding together as best as she can in these circumstances. I can tell you that her mother visited her from Russia around a month ago and I think that was certainly helpful.””

————————————————————–

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


Murder Suspect Nabbed in US Faces Extradition to Canada

August 25, 2011

Ninderjit Singh, the man arrested in connection with the 1999 murder of 18-year-old Poonam Randhawa, is also wanted in Vancouver for attempted murder in a shooting two years prior, according to new documents filed in a U.S. court.

On Wednesday Singh, 33, appeared in U.S. District Court in Los Angeles five days after federal agents arrested him as he was leaving his San Jacinto home. He told the judge he would waive extradition, paving the way for his immediate return to Vancouver. He’d been on the lam ever since he allegedly shot the popular 18-year-old honours graduate on Jan. 26, 1999 as they sat in a car.

Documents filed in the U.S. court also shed new light on the circumstances around the murder.

In the complaint filed in U.S. court based on information supplied by Vancouver’s lead detective on the case, U.S. Department of Justice lawyer Lana Morton-Owens said Canadian investigators only became aware after he was arrested that Singh was wanted in Vancouver under an alias for attempted murder. In 1997 he allegedly got into a dispute with a couple at a movie theatre and shot one person in the leg. The warrant in that case was issued 18 months after Randhawa was murdered.

The U.S. court document doesn’t identify Singh’s alias, but a court case in B.C. Provincial Court shows Ninderjit Singh Soos was charged with attempted murder, aggravated assault and discharging a firearm with intent to wound. The incident took place on May 3, 1997 and the case was filed in July, 2000. The case was unreported in the media. Police in the past have said Singh used several aliases, including Ninderjit Soos and Bira Singh. Soos is his stepfather’s last name.

Vancouver Const. Jana McGuinness said explained the old file in the court database wasn’t accessible by the police department’s database. She said investigators have been reassigned to both cases “and will be very aggressively pursuing charges”, including anyone who aided Singh in the killing or his flight from justice.

The U.S. document also indicates when federal officers searched Singh’s California home they found four guns, one of which was confirmed stolen.

Singh was arrested Friday after one of the longest manhunts in the Vancouver police department’s history. He was tracked down by dogged investigators after they learned of an alias he might be using. They discovered he’d greatly changed his appearance, had married and was working as a long-haul trucker. He was arrested after California Highway Patrol surreptitiously obtained his thumbprints during a bogus traffic stop.

In her brief Morton-Owens said Randhawa “had been dating” Singh but ended the relationship in December, 1998 after he assaulted her. Friends said she’d been stalked by Singh.

A month later, on Jan. 26 at 12:13 p.m. Singh was in a car being driven by Paul Aulakh when he saw Randhawa in a vehicle with two friends at the same intersection.

Singh told Randhawa to get into the car with him and she got into the back seat. Singh was in the passenger seat up front.

“As Paul Aulakh drove westbound on West 57th Avenue between Cambie Street and Oak Street, Singh pulled out a gun and pointed at Randhawa’s head. Singh then shot Randhawa in the head,” the court document states.

Singh then dumped her in a lane at West 47th Ave. Less than 15 minutes later police arrived to find Randhawa’s body.

Singh told another friend, Raja Bisla, that his aunt had died and he needed money and a ride to Seattle. Bisla gave Singh $200 and drove him and Aulakh to Sea-Tac Airport near Seattle. From there Singh flew to Los Angeles.

Aulakh stored his bloody car in a garage and told Salinder Chahal, an associate of Singh, what had happened. Chahal told Aulakh to immediately call police. Later that day Singh was charged with first degree murder and a warrant was issued for his arrest.

McGuinness said evidence at the time only supported a case against Singh but detectives will now re-examine whether others can be charged.

On Tuesday Vancouver police said they long believed that members of Singh’s family had aided in his flight from justice and that more charges could be laid.

This article was written by Jeff Lee and published by the Vancouver Sun on August 24, 2011.

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.

Bookmark and Share