Wrong Paperwork Used to Seize MegaUpload Property, Judge Says

March 21, 2012

PC World on March 18, 2012 released the following:

“By Jeremy Kirk, IDG-News-Service:Sydney-Bureau

An order granted to law enforcement allowing them to seize luxury cars and other personal effects from the estate of MegaUpload founder Kim Dotcom is invalid, a judge in New Zealand ruled on Friday.

A police commissioner applied for the wrong type of seizure order, requested by the U.S., which now is “null and void and has no legal effect,” Judge Judith Potter ruled.

The ruling means Dotcom has a chance to recover some of the items, which reportedly included a Rolls Royce and a pink Cadillac, seized during his January 20 arrest at his mansion outside Auckland. It was unclear on Monday the next step Dotcom would have to take to get his property returned, and his attorneys could not immediately be reached.

Dotcom, 38, faces extradition to the U.S. on various copyright infringement and money laundering charges relating to his website MegaUpload, a file-sharing and storage website, which was shutdown in January.

New Zealand police applied for a second order to seize more of Dotcom’s property and, after realizing the mistake, tried to include the property improperly seized under the first order, Potter wrote.

Dotcom’s attorneys argued that some or all of their client’s property should be released. But representatives acting for the U.S. said the subsequent seizure order, dated February 1, is sufficient for holding Dotcom’s property.

Extradition proceedings for Dotcom, who is free on bail but subject to electronic monitoring, are expected to begin in August.

The U.S. Department of Justice alleges MegaUpload collected US$175 million in criminal proceeds, rewarding users for uploading and sharing content without the permission of copyright holders.

Also charged are MegaUpload defendants Finn Batato, Julius Bencko, Sven Echternach, Mathias Ortmann, Andrus Nomm and Bram Van Der Kolk.”

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


Russia Alarmed by Online Fraud Suspect’s Extradition to U.S.

January 20, 2012

Bloomberg Businessweek on January 19, 2012 released the following:

“By Marina Sysoyeva

Jan. 19 (Bloomberg) — Russia’s Foreign Ministry said it’s “alarmed” that Swiss and American authorities didn’t inform it about the extradition to the U.S. of Vladimir Zdorovenin, who’s accused of online fraud.

“Unfortunately, it’s not the first case when U.S. security forces organize a detention of our nationals in third countries, often on dubious grounds and using a provocation,” Alexander Lukashevich, a ministry spokesman, said today in an e-mailed statement. “This concerns improper exterritorial application of U.S. legislation against Russian citizens.”

Zdorovenin was arrested last March in Zurich and arrived in New York on Jan. 16 after extradition by Swiss authorities, according to a statement from the office of U.S. Attorney Preet Bharara in Manhattan. His son Kirill is also wanted and remains at large. U.S. prosecutors charged the two Russian nationals with taking part in a scheme to gain illegal computer access to American bank accounts through bogus e-commerce websites.

At his Jan. 17 arraignment before U.S. Magistrate Judge Gabriel Gorenstein, Vladimir Zdorovenin pleaded not guilty to the charges through his lawyer, Sabrina Shroff. She declined to comment on the case after court.

Russia has insisted consular officers are granted access to Zdorovenin in the U.S. to guarantee his rights, according to Lukashevich.”

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


Lisbon court places US fugitive, George Wright, under house arrest

October 14, 2011

The Associated Press (AP) on October 14, 2011 released the following:

“By BARRY HATTON, Associated Press

LISBON, Portugal (AP) — A court has allowed captured American fugitive George Wright to leave jail and stay at his Portuguese home while he fights extradition to the U.S., his lawyer said Friday.

A judge hearing the case released Wright from custody on condition he stays at his home near Lisbon and wears an electronic tag that monitors his movements, lawyer Manuel Luis Ferreira said.

Wright spent seven years in prison before escaping in 1970, and was on the run for 41 years until his arrest in Portugal almost three weeks ago. Wright had been held in a Lisbon jail since he was caught.

“He can’t leave the house and he can’t speak about the case to anyone,” Ferreira told The Associated Press.

Under Portuguese law, court proceedings and police investigations are confidential.

The U.S. is trying to extradite Wright to serve the rest of his 15- to 30-year sentence for a 1962 murder in New Jersey.

Portuguese broadcaster S.I.C. showed Wright arriving at his home, in a hamlet near a stunning beach about 40 kilometers (25 miles) from Lisbon, Portugal’s capital, on Friday evening.

Wright, his head shaved and wearing glasses, was escorted into the house by two police officers. He kissed his Portuguese wife, Maria do Rosario Valente, who was waiting at the front door before going inside.

Ferreira contends that Wright is now a Portuguese citizen and should be allowed to serve the remainder of his sentence in Portugal, where his wife and two grown children live.

The judge overseeing the case may call witnesses before announcing his decision in coming weeks. That decision can be appealed to higher courts, and the entire process could take months or longer.

Wright got Portuguese citizenship through marriage in 1991 after Guinea-Bissau, a former Portuguese colony in West Africa, gave him the new name of “Jose Luis Jorge dos Santos” and made him a citizen.

The identity from Guinea-Bissau was granted after the country gave Wright political asylum in the 1980s, and that was accepted by Portugal, according to the lawyer.

Wright broke out of Bayside State Prison in Leesburg, New Jersey, on Aug. 19, 1970. He was also part of a Black Liberation Army group that hijacked a U.S. plane to Algeria in 1972, the FBI says.

No one answered the phone Friday afternoon at the Howell, New Jersey, home of Anne Patterson, daughter of Walter Patterson, who was shot and killed by Wright and an associate in 1962.”

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.