Russia Submits Bout Extradition Documents to U.S.

August 27, 2012

RIA Novosti on August 23, 2012 released the following:

“Russia has handed to the United States documents required by the country to consider the extradition of convicted Russian arms dealer Viktor Bout, the Russian Justice Ministry said on Thursday.

Earlier, Bout’s wife Alla addressed a message to the ministry asking for her husband to be transferred to Russia to serve his sentence at home. The ministry is Russia’s central body authorized to file extradition requests in the framework of the 1983 Convention on the Transfer of Sentenced Persons.

“In this connection, a request has been sent through the Russian Foreign Ministry’s diplomatic channels to the U.S. Department of Justice to provide documents stipulated by the convention’s Article 6,” the Justice Ministry said.

A former Soviet military officer, Bout was found guilty of conspiracy to kill U.S. nationals, including military officers and employees, conspiring to use anti-aircraft missiles, and selling millions of dollars’ worth of weapons to the Colombian rebel group FARC.

The businessman, who denies the charges against him, was sentenced to 25 years in April. Bout is serving his prison term in the United States Penitentiary, Marion (USP Marion) in Illinois.

The Russian ministry said there has been no response from the U.S. Department of Justice yet. It said that once the appropriate documents are provided, they will be submitted to a Russian court, which will make a ruling on administering the sentence in Russia.

The Russian Justice Ministry said a copy of such a ruling will “be handed to the U.S. Department of Justice as a guarantee that the sentence will be administered in Russia.”

Attorney General Eric Holder has said the United States may consider Bout’s extradition to Russia if it receives a request from the Russian authorities.

Article 6 of the Convention on the Transfer of Sentenced Persons stipulates that the sentencing state (in this case, the U.S.) provide to the administering state (Russia) a certified copy of the judgment and the law on which it is based. The sentencing state should also provide a statement indicating how much of the sentence has already been served, including information on any pre-trial detention and other relevant information.”

————————————————————–

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

————————————————————–

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:


Four B.C. men face extradition to U.S. over cocaine, pot smuggling charges

May 2, 2012

Vancouver Sun on May 2, 2012 released the following:

“BY KIM BOLAN

Four B.C. men facing charges in Washington state in a multimillion-dollar cross-border drug smuggling case have been arrested on extradition warrants.

Colin Hugh Martin, Sean Doak, James Gregory Cameron and Adam Christian Serrano were picked up last month by the RCMP and have appeared in court in connection with the American extradition requests.

All four are alleged to be part of a major smuggling operation headed by Mar-tin involving hundreds of kilograms of marijuana and cocaine and at least two helicopters to transport their illicit product. In fact, the pilot of one of those helicopters, Sam Brown, hanged himself in a Spokane jail after being arrested in February 2009 in the midst of a cross-border run.

U.S. court documents allege Martin, 39, sent helicopters he leased for his company, Gorge Timber, full of pot and ecstasy (MDMA) to remote landing sites in Washington and Idaho. The gang is alleged to have brought back to B.C. as much as 300 kilograms a week of cocaine.

Both Martin and Doak, 37, have previous convictions for drug trafficking in B.C.

When the charges against the foursome were first made public in January 2010, U.S. authorities said they would seek extradition of the accused within weeks. But their arrests took place more than two years later and the extradition fight in Canadian courts could continue for several more years.

Delays in the extradition process can occur at several levels. Once a Canadian is charged in the U.S., the American jurisdiction gets its paperwork ready and ships it off to Washington, D.C. The U.S. capital then sends it off to Ottawa and eventually it makes its way to the court in the jurisdiction of the accused.

A growing number of B.C. residents charged in the U.S. are surrendering on their own in exchange for lesser sentences.

Just last Friday, Jus-tin Harris, a former Hells Angel prospect charged in Washington in another drug smuggling case, got just three months in jail after surrendering to U.S. authorities and pleading guilty to one of the counts he was facing.

In March, former Bacon brother associate Dustin Haugen was sentenced to time served in Spokane for cross-border marijuana smuggling, also by helicopter. The U.S. attorney submitted in sentencing documents that Haugen deserved a break on sentencing after agreeing to plead guilty and surrendering to U.S. authorities.

Last year, several of Harris’s co-accused were given extra credit at sentencing in Seattle for voluntarily crossing the border to plead guilty without exhausting the extradition process in Canada.

Figures provided this week by the Canadian Department of Justice show there are 11 cases before B.C. courts involving extradition requests by the U.S.

Three of those cases, Iyhab El-Jabsheh, Ali Ibrahim and Omid Tahvili, involve telemarketing fraud charges in California. (Tahvili escaped from North Fraser Pre-trial in November 2007 and has not resurfaced.) Five of the 11 cases involve drug conspiracy charges and the final three matters involve allegations of sexual exploitation, bank robbery and assault.

Another eight B.C. residents have been surrendered to the U.S. in the last two years in fraud cases, some voluntarily and some by court order after losing their appeals. And 11 accused traffickers or smugglers from B.C. have been surrendered to the U.S. since spring 2010 after the requests for extradition were made.”

————————————————————–

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 questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email:


What would happen if USA request the extradition of the creator of a web of links to Spain?

March 21, 2012

The Delta World on March 14, 2012 released the following:

“Although worldwide anti-piracy laws are not achieving significant progress in the fight against illegal downloading of Internet, United States you not desist, and even with the parked soup and pipe laws, maintains a tough line of action that began with the closure of Megaupload, continued with sending threatening letters to websites of the globe by the RIAA and persists with extradition requests.

The case of Kim Dotcom, creator of the aforementioned Megaupload, has yet to be resolved. It is now on bail, in New Zealand, waiting for the home in August of the process of extradition to United States. However, this week has taken an extradition for similar reasons: the Minister of Interior of the United Kingdom, Theresa May, has authorized the shipment to us of a young British man accused of having infringed copyright by creating a web page, TVShack, allowing access to films and television programs protected by copyright.

It is noteworthy that, unlike Megaupload, TVShack portal not housed content but simply confined to put links to other websites. If you take this case as a model, thousands of websites around the world could be accused of violating intellectual property laws Americans and their creators should deal with extradition requests.

Do it could then be something like in Spain?, it is possible that United States seek the extradition of those responsible for a page as Seriesyonkis and Spain access? As explained by Carlos Sánchez Almeida, lawyer expert in Internet, 20minutos.es, is “possible but unlikely”. The main reason that would be rare are produced in Spain that has occurred in the United Kingdom is that “the regulation of this type of crime is very different in some countries and in others” and influences much “the existence or non-existence of international conventions”. Almeida said that “the common law is very different from the law that applies in the continent” and, on the other hand, it is usual I United Kingdom firm agreements with United States, which makes it easier to give situations such as the extradition of the young creator of TVShack.

If United States requested the extradition of a Spanish for alleged violation of intellectual property, “would be a question of powers that would surely be resolved at the national hearing”. “I see very unlikely that a judge gives their skills to another country, and when we talk about a type of case that has already passed through the Spanish courts on many occasions and that always ended with the same result: link is not a crime”, explains the lawyer.

Almeida mentions cases in which Yes is has agreed to the extradition request, as it was the case with the porn director Pablo Lapiedra, he was sent to Colombia for child abuse offences, but explains that these matters, in addition to being more serious, are much more regulated. Orthrus issue would be, according to the lawyer, to request the extradition of persons connected with the collective Anonymous hacktivist, that the implications of this movement include many areas from the economy and culture policy.

Already nationally, and asked about the consequences of the implementation of the so-called law Sinde-Wert, Almeida considers that cases which will be reported to the Commission on intellectual property “will be very measured, very studied.” “They will be Virgin cases who have not gone previously by the courts, since in that case you could be accused of obstruction of Justice”.

“Jose Manuel Tourné, President of the coalition of creators of content, it has been said on many occasions: will not go for pages as Seriesyonkis, currently with an open judicial process or Cinetube, whose case has already been filed”, said the lawyer. In fact, does not believe that it is true that pages reported to the Commission include some who have already left airy several trials, thus doubting the reports a week ago of the first 25 web pages reported.

“I think they will go for pages which are prejudicial to publishers and television.” “I am not surprised receive the first complaint in two or three days”, concludes Almeida.”

————————————————————–

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 Spain 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.