U.S. Ends Bid to Extradite Khadr Brother

November 3, 2011

Abdullah Khadr in 2005

Abdullah Khadr, Omar Khadr’s older brother, will not be extradited to the United States on terrorism charges.

The country’s top court announced Thursday it will not hear an appeal from the Canadian and U.S. governments, which were seeking to have Khadr extradited to the United States, where he is wanted in Boston on charges of supplying weapons to al-Qaida in Pakistan.

Khadr has maintained his innocence.

By refusing to grant leave to appeal the case, the Supreme Court of Canada effectively put an end to Khadr’s extradition case, and upheld two lower court rulings in Khadr’s favour.

This article was written by Jordan Press and published by the National Post on November 3, 2011.

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

International Extradition – When the FBI Seeks Extradition

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We previously discussed the extradition treaty between the United States and Canada 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.


Police Arrest Canadian Child Molester in South Tahoe

October 4, 2011

Delays in securing the necessary warrant allowed a convicted child molester who was wanted by Canadian authorities to live in South Lake Tahoe for nearly a year before he was arrested this week.

South Lake Tahoe Police and U.S. Marshals arrested James William Robertson, 71, at his Lakeland Village home early Friday morning, hours after an international warrant was issued for his arrest, said Police Chief Brian Uhler.

Robertson was released from Canadian custody in 2010 after serving a five-year sentence for indecent assault, common assault and sexual assault, according to the Royal Canadian Mounted Police. The crimes involved children and took place between 1965 and 1988.

Canadian police issued a warrant for Robertson’s arrest in April 2010 after he allegedly failed to meet reporting requirements. Robertson is considered violent, and Canadian police recommended against the public taking action to apprehend him.

He was in the custody of U.S. Marshals Friday and could not be reached for comment. It is unknown if he has an attorney.

South Lake Tahoe Police have been aware Robertson was living in the city since October 2010, but were unable to secure the necessary warrant for his arrest until late Thursday, Uhler said.

The warrant issued by Canadian police in 2010 was valid and extraditable for all of Canada, but not the U.S., Uhler said.

Robertson is a citizen of both Canada and the U.S. His dual citizenship complicated the extradition process, said Hans Uthe, El Dorado County assistant district attorney.

U.S. immigration officials were unable to deport Robertson because he is a citizen, and violations of California’s sex offender registration requirements could not be pursued, Uthe said. The state’s sex offender laws do not apply to people convicted of a sex crime in a foreign country, Uthe said.

“It became 100 percent clear that we could not get him into custody until we got a Canadian warrant,” Uthe said.

South Lake Tahoe detectives were in regular contact with Canadian authorities in an attempt to get the necessary warrant for his arrest. Several requests for an international arrest warrant were rejected by Canadian officials, Uhler said.

The amount of time it took to bring Robertson into custody was “unacceptable,” Uhler said.

“We were all very fed up with the delay,” Uhler said.

Uthe was reluctant to criticize the extradition process Friday, but did say he thought it could have been done better. People who were aware of the situation were “very concerned about his presence in our community,” Uthe said.

Requests for comment to representatives of the Canada Department of Justice were not immediately returned Friday afternoon.

The South Lake Tahoe Police Department, El Dorado County District Attorney’s Office, Royal Canadian Mounted Police, FBI, U.S. Marshals Service and U.S. Office of International Affairs each helped in expediting the extradition process, Uhler said.

Detective Doug Sentell and Special Agent Chris Campion were “instrumental in getting the warrant through the lengthy international warrant process,” Uhler said.

Uthe said he expects to meet with El Dorado County District Attorney Vern Pierson in an effort to have California legislators require people who are convicted of a sex crime in a foreign country to comply with state’s sex offender registration requirements.

Both Uthe and Uhler said they do not have evidence that Robertson broke any U.S. law while living in South Lake Tahoe.

Robertson is a licensed attorney in California. Uthe said he plans to provide information to the State Bar of California regarding his Canadian conviction. He said he expects Robertson to be disbarred.

This article was written by Adam Jensen and published by the Nevada Appeal on October 2, 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 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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Attorney General Addresses Summit in Lake Placid

September 15, 2011

Collaborative border-security and shared-protection policy drew 200 state and international law-enforcement personnel to a single room Wednesday.

The Northern Border Summit convened at Crowne Plaza in Lake Placid Tuesday and Wednesday, conjoining legal forces from all along the 5,500-mile U.S.-Canadian and Interstate borders.

U.S. Attorney General Eric H. Holder Jr. arrived under tight security at about noon to deliver the keynote address.

“Today, on both sides of the U.S.-Canada border, the threats we face are unprecedented,” he said.

“There’s no question that our nations’ security interests are currently and permanently intertwined.

“Our countries manage a 5,500-mile land border, which is crossed by 200 million people — and hundreds of billions of dollars of goods — each year. This poses a tremendous set of challenges.

“And the very openness of our border — which both Americans and Canadians value and seek to maintain — makes it vulnerable as a point of access for criminals of all stripes, for fugitives, for illegal traffickers and for terrorists.”

TO AVOID DUPLICATION

Holder said that, working together, both nations next year will launch a pilot NextGen Cross-Designated border-security program to allow officers to work in both countries.

The effort expands on shared anti-crime goals and looks to streamline extradition and expedite procedures in a “bold move,” Holder said, toward “comprehensive anti-crime policy that respects sovereignty” while still protecting civil liberties.

“Extradition and mutual legal-assistance processes could be streamlined to avoid delays,” he added, and “certain sentencing laws and information-sharing policies and practices should be updated.”

Specific details of Border Summit topics and elements of discussion were not released to members of the press.

But Holder summed up the summit to participants as a work session meant to forge and reinforce essential partnerships.

“You’ve shared innovative ideas for combating terrorism, cybercrime, drug trafficking, financial fraud schemes and organized criminal networks. You’ve also voiced issues of concern and identified areas for improvement,” he said, commending U.S. attorneys from at least 15 states and Canada provinces, district attorneys of border counties from here to Washington state and law-enforcement personnel.

NextGen teams of cross-designated border officers would allow both the United States and Canada to more effectively “identify, assess and interdict persons and organizations involved in transnational crime,” Holder said.

“They would also allow us to conserve precious resources, to avoid duplicative efforts and to leverage tools and expertise.”

TRANSNATIONAL POLICE

The U.S. attorney general’s focus was confirmed by U.S. attorneys from New York, Vermont, Maine and New Hampshire and local district attorneys from Essex, Franklin and Clinton counties.

Franklin County District Attorney Derek Champagne said cross-border law enforcement is based in part on the Shiprider Agreement Program, a transnational police structure used on ships at sea.

For years, he said, this region has seen large cases of drug smuggling, human trafficking and organized crime that require multi-jurisdictional interaction.

“Criminal organizations know no border,” Champagne said.

And the goal is to develop a response to match and counteract that threat.

The region’s district attorneys were appreciative that Holder came, in person, to encourage their efforts.

“This shows his commitment to the northern border and the efforts we put forth,” Clinton County District Attorney Andrew Wylie said.

The state, federal and Canadian authorities also looked for ways to share services and streamline funding, Wylie said.

Essex County District Attorney Kristy Sprague said the networking aspect is critical.

“It is very helpful to get to know our Canadian counterparts,” she said.

TERROR THREAT REAL

U.S. Attorney for the Northern District of New York Richard S. Hartunian said that among top issues in this state is the Akwesasne border, where smuggling drugs and human beings, contraband and other illicit goods is more prevalent, due in part to the vast remoteness of the border itself.

He defended periodic use of checkpoints as “a tool of vigilance.”

U.S. Attorney for Vermont Tristan J. Coffin said key summit discussions allowed them to “look carefully at what the real investigative and security goals are” for both state and national interests.

TERRORISM

Neither the U.S. attorney nor district attorneys would reveal specific data, when asked, about the number of terrorist threats they’ve dealt with in the past year.

Hartunian said only that “the terror threat is very real.”

The northern-border legal contingent said nothing further about viable threats over the 9/11 anniversary weekend or if the Canadian border was at all involved.

Numerous regional law-enforcement officials were at the conference, including State Police Troop B Maj. Richard C. Smith Jr.

Members of the press were screened carefully before entering the room, and all gear bags were checked by bomb-sniffing dogs.

Holder was appointed U.S. attorney general by President Barack Obama in December 2008. This Border Summit is the first convened since the president took office.

This article was written by Kim Smith and published by The Press Republican on September 15, 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 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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