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.”

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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 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 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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HSI Investigation Leads to the Extradition of Chinese Gang Leader Accused of Double Murder

August 23, 2011

A Chinese gang leader was extradited from Canada to face charges of murdering two individuals in a Queens nightclub in 2004. This extradition is the result of an extensive investigation led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the following law enforcement partners: HSI’s attaché in Toronto; the Toronto Police Service; the Royal Canadian Mounted Police; the New York City Police Department (NYPD); the U.S. Marshals Service; and the U.S. Department of Justice’s Criminal Division, Office of International Affairs.

Xing Lin, a Chinese national, was arrested in Toronto on April 14, and arrived in New York on Aug. 19. Lin was charged along with another individual, Hao Chao, in an indictment that was unsealed in Manhattan federal court on Monday.

“This extradition embodies HSI’s resolve to bring an alleged cold hearted murderer to justice, no matter where in the world he tried to hide,” said James T. Hayes, Jr., special agent in charge of HSI in New York. “I commend HSI’s Violent Gang Unit, our attaché in Toronto, the NYPD, and our international law enforcement partners for closing the chapter on this cold case.”

“Xing Lin believed that by fleeing the country he could evade the consequences of the deadly crimes he allegedly committed in connection with a gangland turf battle,” said U.S. Attorney Preet Bharara, Southern District of New York. “It took 11 years, but thanks to the cooperative efforts of our law enforcement partners here and in Canada, he will now be brought to justice.”

According to court documents, Lin, a gang leader in New York City’s Chinese community, owned various businesses including unlicensed bus services and illegal gambling parlors. On several occasions, Lin had violent confrontations with rival bus company owners and rival gambling parlor owners, including one incident where he stabbed a competitor, who in turn shot him.

In the summer of 2004, Lin was involved in an ongoing dispute with Chang Qin Zhou, a rival bus company owner, over division of territory and clientele in the bus business. Lin threatened and assaulted Zhou in an effort to force him to relinquish certain territory and clientele.

On July 30, 2004, Lin learned that Zhou was in a private room at a nightclub in Queens. Lin and Chao, a member of his gang, entered the room and Lin told Chao to “finish him.”

Chao then shot Zhou numerous times in the torso at close range, emptying his gun’s chamber and killing him. In the process of shooting at Zhou, Chao shot and killed a young waitress who was caught in the crossfire. Chao also shot and wounded another waitress.

If convicted, Lin faces life in prison.

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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Canada’s ‘Prince of Pot’ Recently Extradited to Seattle on Marijuana Conspiracy Charges

June 14, 2010

Marc Emery, 51, of Vancouver, British Columbia, Canada, was recently extradited to Seattle, on an indictment for conspiracy to manufacture marijuana, conspiracy to distribute marijuana seeds, and conspiracy to engage in money laundering. Emery was indicted by a federal grand jury in 2005, but was not extradited by Canadian officials until last month, May 2010.

He pleaded guilty to one count of conspiracy to manufacture marijuana in exchange for an agreed sentence of five years in prison. He is to be sentenced in August, and prosecutors or Emery may withdraw from the plea deal if the judge issues a different sentence.

According to the indictment and other records filed in the case, Marc Emery has operated Marc Emery Direct since 1994, taking orders for marijuana seeds over the internet. According to the website, at the time of his arrest in 2005, Emery had made more than $3 million annually, illegally selling marijuana seeds. According to court filings, Emery seeds are associated with multiple illegal grow operations across the U.S. The Drug Enforcement Administration has traced Emery seeds to illegal grows in Indiana, Florida, California, Tennessee, Montana, Virginia, Michigan, New Jersey and North Dakota. An estimated 75% of the seeds Emery sold up until 2005, were transported to the United States.

Last year, Emery’s two co-defendants pleaded guilty and were sentenced to probationary sentences. Michelle Rainey assisted with Emery’s mail order marijuana seed business filling orders that came in by mail. Between 2003 and 2005, Rainey earned as much as $1,000 a week mailing out the seeds. Gregory Keith Williams handled the phone orders for the business. Williams also worked at the seed desk, selling seeds directly to customers who came into Emery’s store. On numerous occasions in 2004, Williams and Emery sold seeds to a Drug Enforcement Administration undercover agent. The indictment was returned following an 18 month investigation.

The recent extradition has raised questions among Canadians, where supporters, civil rights advocates and even several members of parliament have demanded to know why he was handed over to the U.S. for an offense that Canada seldom prosecutes.

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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