“Ex-JPMorgan Trader Released, Opposing U.S. Extradition”

August 28, 2013

Bloomberg on August 27, 2013 released the following:

By Charles Penty & Patricia Laya

“Former JPMorgan Chase & Co. (JPM) trader Javier Martin-Artajo was released from police custody after telling a Madrid court he opposed attempts by U.S. prosecutors to extradite him on charges he hid trading losses that cost the bank $6.2 billion.

The former trader turned himself in yesterday morning after being contacted by investigators, a Spanish police official said. He was released after a hearing in Madrid yesterday in which he said he was unwilling to be extradited, according to a spokeswoman for the National Court.

The U.S. this month charged Martin-Artajo, a Spanish citizen, and Julien Grout, a French citizen, with trying to hide the losses stemming from trades by Bruno Iksil, the Frenchman at the center of the case who became known as the London Whale. Grout and Martin-Artajo face up to 20 years in jail if convicted of the most serious counts, including conspiracy and wire fraud.

“The likelihood is fairly significant that he would go back,” said Ivan Mercado, managing partner at Mercado & Rengel, a law firm in Spain that works on U.S. extradition cases. “Spain and the U.S. have an extradition agreement. He can’t just say he doesn’t want to go.”

Bank’s Negotiations

JPMorgan’s losses prompted investigations on two continents, U.S. congressional hearings and an internal review that led to a 50 percent pay cut for Chief Executive Officer Jamie Dimon, who the board said bore some responsibility for lapses. Regulators in the U.K. and U.S. are preparing to impose fines on the bank as soon as mid-September, a person with direct knowledge of the matter said last week.

The bank is in talks with various authorities to settle its part of the case for about $500 million to $600 million combined, the Wall Street Journal reported, citing unidentified people close to the situation. Not all agencies have agreed to numbers and the total may end up outside that range, it said.

Martin-Artajo, 49, oversaw trading strategy for Iksil’s synthetic portfolio at JPMorgan’s chief investment office in London, while Grout was a trader who worked for him.

“The arrested person is presumed responsible for manipulating and inflating the value of positions in the synthetic credit portfolio of his firm with the aim of achieving specific objectives of daily losses and gains,” Spanish police said in a statement.

‘Fair Reconstruction’

Martin-Artajo’s lawyer, Lista Cannon, didn’t respond to a call seeking comment on his client yesterday. He “is confident that when a complete and fair reconstruction of these complex events is completed, he will be cleared of any wrongdoing,” a spokeswoman for his law firm said earlier this month. Jennifer Zuccarelli, a spokeswoman for JPMorgan, declined to comment.

At a hearing yesterday, Martin-Artajo’s lawyer filed documents in which his client denied the allegations, according to a court official who asked not to be identified because they weren’t authorized to speak publicly. The U.S. now has 40 days to file sworn statements in support of its extradition request.

Martin-Artajo will then be able to contest those arguments at a further hearing before a judge decides whether to grant the request, said Mercado, who isn’t involved in the case. The process can take up to several months, he added.

‘Very Difficult’

“When there is a bilateral agreement between two countries on certain crimes, it’s very difficult for a country to refuse extradition because the accord implies the crime is viewed comparably,” Carlos Vazquez, a criminal lawyer and partner at Vazquez & Vazquez in Madrid, said by telephone.

The spokeswoman for the court said Martin-Artajo’s passport has been confiscated. Another court official said that wasn’t the case, but that he can’t leave Spain without court approval.

Grout is living in France and isn’t a fugitive, his lawyer, Edward Little, a partner at Hughes Hubbard & Reed LLP in New York, said in an Aug. 12 interview, two days before his client was charged.

“He visited the U.S. last month with confidence he was not being indicted and moved to France to save money and look for a job,” Little said at the time. France has no obligation under its extradition treaty with the U.S. to send Grout to New York. Little declined to comment yesterday.

Martin-Artajo and Grout are charged with conspiring to falsify securities filings from March to May of 2012. The U.S. sought to keep the charges secret while arrests were attempted before unsealing them on Aug. 14. Jennifer Queliz, a spokeswoman for U.S. Attorney Preet Bharara, declined to comment.

‘Embarrassing Situation’

Dimon characterized the loss as “the stupidest and most embarrassing situation I have ever been a part of.” First disclosed in May 2012, the bad bets led to an earnings restatement, a U.S. Senate subcommittee hearing and probes by authorities including the Securities and Exchange Commission and U.K. Financial Conduct Authority.

Iksil, dubbed the “London Whale” because his portfolio was so large, signed a non-prosecution agreement with the U.S. in June, the government said. He pledged to cooperate with investigators as part of the deal. Martin-Artajo’s lawyer submitted documents with details of Iksil’s agreement with the U.S., the court official said yesterday.

The cases are U.S. v. Grout, 13-MAG-01976, and U.S. v. Martin-Artajo, 13-MAG-01975, U.S. District Court, Southern District of New York (Manhattan). The SEC case is Securities and Exchange Commission v. Martin-Artajo, 13-cv-05677, U.S. District Court, Southern District of New York (Manhattan).”

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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 Spain and the extradition treaty between the United States and France 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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Mastros will fight extradition

October 26, 2012

The Seattle Times on October 26, 2012 released the following updated story:

“Former fugitives Michael R. and Linda Mastro have hired a French lawyer and intend to fight extradition to the U.S., their Seattle attorney said Thursday.

Bankruptcy fraud — the principal crime with which the former Seattle couple have been charged — may not be an offense subject to extradition under French law, James Frush said.

The Mastros, fugitives for 16 months, were arrested by French police at the request of the FBI shortly before 3 a.m. Seattle time Wednesday in a town on Lake Annecy, in the French Alps.

They appeared before a French judge Thursday and were ordered to remain in jail pending further proceedings, Frush said. Their next court appearance probably will be in about two weeks, he added.

Meanwhile, a federal grand jury in Seattle indicted the Mastros Thursday on 43 counts of bankruptcy fraud and money laundering — 37 more counts than they had been charged with previously in a criminal complaint issued in August 2011 that was the basis for their arrests.

Frush said the Mastros had been living in the Lake Annecy area for about a year. Le Dauphiné Libéré, a French newspaper, reported the Mastros had been renting a house under their own names in Doussard, on Lake Annecy.

The Mastros disappeared in June 2011 after failing to comply with a bankruptcy judge’s order that they turn over two giant diamond rings valued at $1.4 million. The judge later ruled the rings belonged to Michael Mastro’s creditors.

Mastro, 87, a longtime Seattle real-estate developer and lender, was pushed into one of Washington’s largest bankruptcies ever in 2009 after the recession undermined his real-estate empire.

His debts to unsecured creditors have been estimated at $250 million.

The new grand-jury indictment — product of a federal investigation that began nearly three years ago — charges that Mastro, anticipating bankruptcy, engaged in a series of illegal transactions aimed at putting several valuable assets off-limits to creditors.

Those assets included the rings and the Mastros’ Medina waterfront mansion, purchased for $15 million in 2006. A bankruptcy judge has since ruled the house, like the rings, rightfully belongs to creditors, and it has been sold.

The rings’ whereabouts still are unknown.

The Mastros also failed to disclose to court officials a bank account they used to make more than $761,000 in personal purchases after Mastro entered bankruptcy, the indictment says.

Those purchases included $107,000 in gold coins.

The indictment also alleges the Mastros made false statements about the assets under oath or penalty of perjury on numerous occasions.

Most of the information in the charges was developed by James Rigby, the court-appointed trustee charged with finding and liquidating Mastro’s assets and distributing them to creditors.

Frush said he doubts prosecutors can prove the Mastros engaged in an intentional scheme to defraud.

“Basically, they’re trying to criminalize activities that frequently occur in bankruptcy cases,” he said.

Federal officials said the Mastros flouted the law.

“The allegations against the Mastros are serious, and the FBI is committed to ensuring that they face those charges,” Steven Dean, assistant special agent in charge in the FBI’s Seattle office, said in a prepared statement.

Before the Mastros can be tried, however, they must be returned from France. And that may not be easy, or quick.

Bankruptcy fraud appears to be an offense subject to extradition under the treaty between the U.S. and France, said Douglas McNabb, an extradition attorney in Washington, D.C.

But if the Mastros exercise all their appeals, it could take a year or two before they are sent home, he added.

The treaty says people can be extradited if they are charged with crimes punishable by at least a year in prison in both countries. Bankruptcy fraud carries such a sentence in the U.S., McNabb said, but he’s not certain if it does in France.

When word of the Mastros’ arrest broke Wednesday, Joe and Gayle Colello, of Seattle, opened a good bottle of white wine that night and toasted the news.

They were among about 200 individual “Friends & Family” investors in Mastro’s ventures, loaning the real-estate magnate a total of about $100 million in return for pledges of above-market interest payments.

Most of that investment has disappeared. Investors have gotten back about a penny on the dollar so far, and Rigby has said they probably won’t get much more.

“I’m glad they got him,” Joe Colello said of Mastro Thursday.

“He’s really caused tremendous hardship to a lot of families. He’s a man without a conscience.””

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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 France 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.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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87-year-old Seattle developer, wife indicted

October 26, 2012

King5.com on October 25, 2012 released the following:

“SEATTLE (AP) — An 87-year-old Seattle real-estate developer and his wife, arrested in France after 16 months on the lam, were indicted Thursday on dozens of charges of bankruptcy fraud and money laundering.

The 43-count grand jury indictment accuses Michael Mastro and his wife, Linda, of fraudulently transferring interest in their $15 million home in the tony Seattle suburb of Medina; failing to disclose a bank account that contained hundreds of thousands of dollars; and lying about the whereabouts of two huge diamonds valued at $1.4 million, all to conceal those assets from creditors in a bankruptcy proceeding.

It also alleges the couple withdrew more than $760,000 from their secret account to pay for a variety of personal expenses, including payment on their Bentley and Rolls Royce automobiles.

The Mastros vanished 16 months ago, after a judge ordered them to turn over the 27.8- and 15.9-carat diamonds. French police arrested the pair Wednesday in Annecy, a lake town near the Swiss border in southeastern France.

“Those who flaunt the law and ignore our legal process will be held to account,” First Assistant U.S. Attorney Annette L. Hayes said in a written statement. “Thanks to the unrelenting efforts of law enforcement both here and abroad, the Mastros have been arrested and will face the charges that the grand jury returned in their indictment today.”

Michael Mastro’s lawyer, James Frush, said Thursday the charges simply rehash allegations made during the bankruptcy proceeding. And, he suggested, if it was such serious criminal activity, the government could have charged them long ago.

“This is an attempt to criminalize behavior that occurred in this bankruptcy proceeding and that occurs commonly in others,” Frush said. “There’s a real lack of evidence that this was part of a scheme to defraud.”

Frush said of his client: “He got out over his skis in a bad real-estate market and like a lot of other people, went broke. But he’s not a criminal.”

Frush acknowledged that the Mastros refused to turn over the diamonds in violation of a court order. But he said that’s a civil offense, not a criminal one.

The indictment references many false statements the Mastros are accused of making with regard to the diamonds and other assets as part of the bankruptcy.

Mastro was a developer and money lender who oversaw commercial and residential projects worth an estimated $2 billion over a 40-year career. But the market’s crash left him short, and three banks forced him into bankruptcy in 2009. He owes more than $200 million to creditors, who are expected to receive just pennies on the dollar.

The Mastros are being held without bail in France, Frush said. He said they will fight extradition to the U.S.

Frush said the Mastros had been living under their own names in Annecy, where they had rented an apartment.

Many of the couple’s personal items have been sold at auction to repay Michael Mastro’s creditors. Dozens of designer handbags sold for up to $900 apiece, a baby grand piano sold for $17,000, and a Dale Chihuly chandelier sold for $35,000. Their 2007 Bentley convertible went for $92,500.”

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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

————————————————————–

We previously discussed the extradition treaty between the United States and France 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

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UK’s Islamic cleric appeals extradition to US

July 10, 2012

Reuters on July 10, 2012 released the following:

“* Abu Hamza al-Masri fights extradition to U.S.

* Egyptian-born cleric, held in UK, accused of al Qaeda link

* Strasbourg court had ruled his deportation legal

STRASBOURG, France, July 10 (Reuters) – One of Britain’s most notorious Islamist clerics has appealed a ruling by the European Court of Human Rights allowing London to extradite him to the United States, slowing down U.S. efforts to prosecute him for terrorism.

The appeal filed by lawyers for Abu Hamza al-Masri and four other suspects late on Monday will delay attempts to put the Egyptian-born cleric on trial on charges he supported al Qaeda and aided a fatal kidnapping in Yemen.

A panel of five judges could decide within a few weeks on the merit of the appeal, judicial sources said.

In April, the court ruled it lawful for Britain to extradite al-Masri, famed in the British media as a one-eyed radical with a metal hook for a hand, to the United States, where he could face a sentence of over 100 years in high security “Supermax” prisons.

That ruling similarly applied to Barbar Ahmad, Syed Tahla Ahsan, Adel Abdul Bary and Khaled Al-Fawwaz, all incarcerated in Britain, three of whom have been under indictment for years in New York.

Lawyers for al-Masri had argued that such treatment would contravene his human rights. The appeal focuses on the risk of being subjected to “inhuman and degrading treatment” in such prisons, the sources said.

If the appeal is deemed valid, it will be judged by the grand chamber of 17 judges at the Strasbourg-based court It is rare for a case to be accepted to be heard by that full body.

Al-Masri is viewed as one of the most radical Islamists in Britain where he was once a preacher at a North London mosque but was later jailed for inciting murder and racial hatred. He is being held in a British jail.

He was indicted in 2004 by a federal grand jury in New York, accused of providing material support to al Qaeda and for involvement in a 1998 hostage taking in Yemen in which four hostages were killed. (Reporting by Gilbert Reilhac; Writing by Alexandria Sage; Editing by Robin Pomeroy)”

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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

————————————————————–

We previously discussed the extradition treaty between the United States and the United Kingdom 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:



FG seeks order to extradite suspected Internet fraudster to U.S.

April 24, 2012

Vanguard on April 24, 2012 released the following:

“Lagos- The Federal Government is seeking extradition of a suspected fraudster, Olaniyi Jones, to the U.S. in connection with an Internet fraud, estimated at $3.2 million.

Nigeria’s Attorney-General and Minister of Justice on Monday, filed an application for the order of the Federal High Court to extradite Jones to the New Jersey District Court in the U.S, to face a 10-count charge of conspiracy and Internet fraud.

Jones and some other people in the U.S. were accused of specialising in using fake employees to collect money from companies through the Internet.

He was arrested at the premises of an Eco Bank branch in Akure by operatives of the Economic and Financial Crimes Commission.

The extradition was based on a request to the Federal Government by the U.S. Embassy in Abuja.

When the case was mentioned before Justice John Tsoho in Lagos, Jones’s counsel, Mr Akin Olatunji, made an oral application for his client to be granted bail.

He noted that Jones had earlier been arraigned before an Akure High Court on the same subject matter.

However, prosecution counsel, Mr Mohammed Hassan, urged the court to reject the application.

Hassan said that Jones would jump bail, if granted bail.

The court adjourned further hearing in the case till May 25. (NAN)”

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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

————————————————————–

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


Richard O’Dwyer case: Lawyers lodge extradition appeal

March 22, 2012

BBC on March 22, 2012 released the following:

“The family of a Sheffield student who faces extradition to the United States has confirmed an appeal has been lodged by lawyers.

On 13 March, Home Secretary Theresa May approved the extradition of 23-year-old Richard O’Dwyer, who is accused of copyright infringement.

The US authorities say Mr O’Dwyer’s TVShack website hosted links to pirated films and television programmes.

A spokesman said Mrs May had “carefully considered all relevant matters”.

Mr O’Dwyer had until Monday to appeal against the home secretary’s decision.

Student ‘surprised’
His mother Julia, from Chesterfield, confirmed that lawyers had lodged papers appealing against the extradition.

She has previously said her son had been “sold down the river” by the government.

Westminster Magistrates’ Court ruled in January that Mr O’Dwyer could be extradited.

The Sheffield Hallam University student said he was “surprised” when police officers from the UK and US seized equipment at his home in South Yorkshire in November 2010.

The case was brought by the US Immigration and Customs Enforcement agency, which claims that the TVShack.net website earned more than $230,000 (£147,000) in advertising revenue before US authorities obtained a warrant and seized the domain name in June 2010.”

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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

————————————————————–

We previously discussed the extradition treaty between the United States (US) and the United Kingdom (UK) 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.