“Leader of Zetas drug cartel captured: ’40’ may be extradited to U.S.”

July 17, 2013

Los Angeles Times on July 16, 2013 released the following:

“By Tracy Wilkinson

MEXICO CITY _ Miguel Angel Treviño Morales, top leader of the vicious Zetas drug-and-extortion cartel, was in a cell in Mexico City on Tuesday, awaiting interrogation and possible extradition to the United States.

Treviño, known as “40,” was transported to the capital late Monday after his capture in the border city of Nuevo Laredo by Mexican navy special forces following what authorities described as a long pursuit based in part on U.S.-supplied intelligence. Mexican media showed images of him striding in to the federal prosecutor’s organized crime unit, wearing a black polo shirt, escorted by military guards but without handcuffs or other restraints.

Treviño was considered one of the most brutal leaders of a particularly brutal organization, one that branched out from drug trafficking to extortion, kidnapping and the smuggling of migrants — who Treviño and his men routinely slaughtered when they did not cooperate or pay up, authorities say.

Mexico under siege

His arrest marks the most significant blow to organized crime since President Enrique Peña Nieto took office more than seven months ago. His government will certainly attempt to use the arrest to prove its commitment in the drug war — a commitment that has been questioned in many circles, including among U.S. officials who had previously worked extremely closely with their Mexican counterparts but found the rules changing under the new administration.

But the capture will also likely ignite a bloody wave of violence as Treviño’s cohorts fight to succeed him.

It also strengthens the hand of the most powerful drug lord in Mexico, Joaquin “El Chapo” Guzman, whose Sinaloa Cartel competes with the Zetas and may now have its eyes on Nuevo Laredo, Treviño’s hometown and one of the most lucrative crossing points for the shipment of tons of cocaine and marijuana into the U.S.

Under Treviño, the Zetas “controlled hundreds of miles of Mexican territory along the border of Mexico and the United States, which they used to conduct their drug trafficking and money laundering operations” that were valued in millions of dollars, a 2012 indictment in U.S. federal court stated.

The U.S., which had offered a $5-million reward for his arrest, may seek Treviño’s extradition.

The Zetas were formed nearly a decade ago by leaders of the Gulf cartel as their muscle, recruited from a group of deserters from the Mexican army. But the Zetas eventually split from the cartel and surpassed it, spreading its operations through southern Mexico and Central America and exhibiting levels of brutality not previously seen with such regularity. Beheadings, massacres of migrants, torture and dismembering of live victims all became routine parts of the Zetas repertoire.

Authorities believe the Zetas are responsible for many of the more than 70,000 people killed in the last six years of a military-led offensive against powerful drug cartels and fighting among the traffickers.”

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

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We previously discussed the extradition treaty between the United States and Mexico 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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Colombia Extradites Alleged Drug Lord Daniel Barrera to US

July 9, 2013

BBC on July 9, 2013 released the following:

“Colombia has extradited one of the country’s most notorious drug lords to the US, officials have said.

Daniel Barrera, known as “El Loco” (The Madman), was caught last year in Venezuela, and sent back to Colombia.

While on the run he had cosmetic surgery and tried to burn his fingerprints to conceal his identity.

He was convicted on drugs charges in Colombia in 1990 but escaped. He is wanted in the US on charges of drug trafficking and money laundering.

At the height of his powers, he is believed to have controlled smuggling routes from Colombia through Venezuela to Central America and eventually the US.

He is thought to have transported hundreds of tonnes of cocaine and accrued a vast fortune over almost two decades.

Barrera, now 51, was arrested in Venezuela in September 2012 while making a call in a phone booth.

He only ever used public telephones to communicate with his family and allies, in an attempt to avoid his calls being traced.

The US had offered $5m (£3m) for information leading to his arrest and Colombia added an additional $2.7m to that reward.

Colombian national police chief Jose Roberto Leon said Tuesday’s extradition showed other criminals they were better off turning themselves in.”

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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 Colombia 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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U.S. v. Edward J. Snowden – Federal Criminal Complaint

June 21, 2013

As International Extradition Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal criminal violations:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

“U.S. charges Snowden with espionage”

The Washington Post on June 21, 2013 released the following:

By Peter Finn and Sari Horwitz,

“Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance programs, and the United States has asked Hong Kong to detain him on a provisional arrest warrant, according to U.S. officials.

Snowden was charged with theft, “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person,” according to the complaint. The last two charges were brought under the 1917 Espionage Act.

The complaint, which initially was sealed, was filed in the Eastern District of Virginia, a jurisdiction where Snowden’s former employer, Booz Allen Hamilton, is headquartered and a district with a long track record of prosecuting cases with national security implications. After The Washington Post reported the charges, senior administration officials said late Friday that the Justice Department was barraged with calls from lawmakers and reporters and decided to unseal the criminal complaint.

A Justice Department spokeswoman declined to comment.

Snowden flew to Hong Kong last month after leaving his job at an NSA facility in Hawaii with a collection of highly classified documents that he acquired while working at the agency as a systems analyst.

The documents, some of which have been published in The Post and Britain’s Guardian newspaper, detailed some of the most-
secret surveillance operations undertaken by the United States and Britain , as well as classified legal memos and court orders underpinning the programs in the United States.

The 30-year-old intelligence analyst revealed himself June 9 as the leaker in an interview with the Guardian and said he went to Hong Kong because it provided the “cultural and legal framework to allow me to work without being immediately detained.”

Snowden subsequently disappeared from public view; it is thought that he is still in the Chinese territory. Hong Kong has its own legislative and legal systems but ultimately answers to Beijing, under the “one country, two systems” arrangement.

The leaks have sparked national and international debates about the secret powers of the NSA to infringe on the privacy of Americans and foreigners. Officials from President Obama on down have said they welcome the opportunity to explain the importance of the programs and the safeguards they say are built into them. Skeptics, including some in Congress, have said the NSA has assumed the power to soak up data about Americans that was never intended under the law.

There was never any doubt that the Justice Department would seek to prosecute Snowden for one of the most significant national security leaks in the country’s history. The Obama administration has shown a particular propensity to go after leakers and has launched more investigations than any previous administration. This White House is responsible for bringing six of the nine total indictments ever brought under the 1917 Espionage Act. Snowden will be the seventh individual when he is formally indicted.

Justice Department officials had already said that a criminal investigation of Snowden was underway and was being run out of the FBI’s Washington field office in conjunction with lawyers from the department’s National Security Division.

By filing a criminal complaint, prosecutors have a legal basis to make the detention request of the authorities in Hong Kong. Prosecutors now have 60 days to file an indictment, probably under seal, and can then move to have Snowden extradited from Hong Kong for trial in the United States.

Snowden, however, can fight the extradition effort in the courts in Hong Kong. Any battle is likely to reach Hong Kong’s highest court and could last many months, lawyers in the United States and Hong Kong said.

The United States has an extradition treaty with Hong Kong, and U.S. officials said cooperation with the Chinese territory, which enjoys some autonomy from Beijing, has been good in previous cases.

The treaty, however, has an exception for political offenses, and espionage has traditionally been treated as a political offense. Snowden’s defense team in Hong Kong is likely to invoke part of the extradition treaty with the United States, which states that suspects will not be turned over to face criminal trial for offenses of a “political character.”

Typically in such cases, Hong Kong’s chief executive must first decide whether to issue a warrant for the accused’s arrest. But the extradition treaty also says that in exceptional cases a provisional warrant can be issued by a Hong Kong judge without the chief executive’s approval. The judge must give the chief executive notice, however, that he has issued the warrant.

A spokesperson at the office of Hong Kong chief executive Leung Chun-ying said there was no information on Snowden’s case. The police department did not respond to calls or e-mails. At the police station for Central District in Hong Kong Island, police officers on duty said they had not heard anything about Snowden.

If Snowden is arrested, he would appear before a judge. Bail would be unlikely and, instead, Snowden would be sent to the Lai Chi Kok maximum-security facility in Kowloon, a short drive from the high-end Mira Hotel, where he is last known to have stayed in Hong Kong.

Snowden could also remain in Hong Kong if the Chinese government decides that it is not in the defense or foreign policy interests of the government in Beijing to have him sent back to the United States for trial.

Another option would be for Snowden to apply for asylum with the United Nations High Commission for Refugees, which handles most asylum requests in Hong Kong. The UNHCR was closed Saturday morning and did not immediately respond to requests for comment via e-mail and phone. The asylum application process can take months or even years because Hong Kong has a severe backlog. The Hong Kong government cannot formally surrender individuals until their asylum applications have been processed.

Snowden also could attempt to reach another jurisdiction and seek asylum there before the authorities in Hong Kong act.”

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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

————————————————————–

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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An Alleged “Teenage hacker awaits ruling on US extradition”

May 16, 2013

The Herald (heraldscotland.com) on May 16, 2013 released the following:

“A COMPUTER hacking teenager from Shetland will learn today if he is to be extradited to the United States given his core role in a series of damaging cyber attacks on the networks of the NHS, the FBI and major international corporations.

Jake Davis, 18, has admitted he and fellow members of LulzSec stole huge amounts of personal data belonging to hundreds of thousands of people and posted it online for anyone to download.

Southwark Crown Court in London heard yesterday that Davis, along with Ryan Ackroyd, Mustafa Al-Bassam and Ryan Cleary considered themselves “modern day pirates”, who carried out the attacks for entertainment.

All members of the group, which included a schoolboy and an ex-soldier, have pled guilty to carrying out various acts of cyber crime in 2011.

At a pre-sentencing hearing, prosecutor Sandip Patel said the men lacked the political drive of groups like Anonymous, from which they had developed, and seemed to have been doing it for kicks.

He said: “It’s clear from the evidence that they intended to achieve extensive national and international notoriety and publicity. They saw themselves as latter-day pirates.

“This is not about young immature men messing about. They are at the cutting edge of a contemporary and emerging species of criminal offender known as a cyber criminal.”

Smartly dressed Davis, 20, from Lerwick, who used the alias Topiary, smirked in the dock when details of his activities were outlined to the court. He was LulzSec’s main publicist and in charge of media relations.

Both he and Al-Bassam previously pled guilty to hacking and launching cyber attacks on organisations, including the CIA and the Serious Organised Crime Agency.

Davis’s barrister, Simon Mayo QC, told the court his client had completely turned his life around since being arrested.

Born in Canterbury, Kent, he moved to the Shetlands aged six with his mother to escape his alcoholic father, who later committed suicide. Socially isolated from his early teens, Davis suffered from depression and fell under the spell of a “misguided ideology”, Mr Mayo said.

But since his arrest, he had moved to London via Lincolnshire and found work with several artistic groups, also writing for the Observer about his time with Anonymous.

Carole Cadwalladr, a feature writer with the paper, provided a reference.

Michael Morris MBE, the co-director of art group Artangel, gave a character reference in court.

“In short, Davis has been given an opportunity he was previously denied, an opportunity to transform himself from a depressed 18-year-old in the Shetland Islands into a self-sufficient scriptwriter living in London,” Mr Mayo added, suggesting his client could be given a suspended sentence.

The court heard that the “DDoS” attacks they carried out with other unidentified hackers belonging to online groups such as Anonymous and Internet Feds flooded websites with traffic, making them crash and rendering them unavailable to users.

To do it, they used a remotely controlled network of “zombie” computers, known as a “botnet”, capable of being programmed to perform the attack.

The court heard the codes, written by Cleary, may have been using up to one million computers to carry out attacks via the internet without their owners knowing it.

The group only existed for a matter of months in 2011 before the main members were arrested between June and September, the court heard.

Attacks like those on Sony and Nintendo harvested massive amounts of private data. The Sony leak alone saw it lose details relating to 26.4 million customers, causing its Playstation network to shut down.

Davis was found to have 750,000 separate pieces of sensitive data on his computer after his arrest, and Cleary 10,000.

The hearing continues.”

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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.

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International criminal defense questions, but want to be anonymous?

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“Former Iranian diplomat appeals against ruling for extradition to US”

October 31, 2012

Press TV on October 31, 2012 released the following updated story:

“Former Iranian Ambassador to Jordan Nosratollah Tajik has once again appealed against his extradition to the US on the grounds of his deteriorating health condition, Press TV reports.

Tajik was arrested in November 2006, accused of trying to buy night vision goggles from US mediators in violation of US exports rules. The former Iranian diplomat denies the allegations.

In April 2008, a British judge upheld a ruling that Tajik should be extradited to the US to face charges.

He is now attending a hearing at the High Court in London, awaiting the consideration of his long-standing claim that he has heart and other health problems.

“This is the hostility of the US government to [the] Iranian government and these international affairs… not very safe for me and it is against my human rights… one of the arguments is the health deterioration for the last four years,” he told Press TV.

    The former Iranian envoy had earlier said that he is too ill to travel and that he will face a show trial in the United States.

He appealed against the extradition decision first in 2008. The case is still before the court.

Iran has repeatedly called on the UK to release the former diplomat.

AR/PKH/HJL”

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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

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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?

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Babar Ahmad accuses Britain of ‘outsourcing’ his terror case to US

April 5, 2012

The Guardian on April 5, 2012 released the following:

“Briton detained without charge since 2004 while fighting extradition to US makes televised plea to be tried in the UK

Babar Ahmad, the British man jailed without trial since 2004 while fighting extradition on terror charges, has pleaded to be tried in Britain and accused the police of “outsourcing” his case to the US.

Ahmad, accused of running a US-hosted website that encouraged terrorism, said he had never been formally questioned about the allegations against him or been presented with any evidence.

Ahmad, speaking on BBC Radio 4’s World at One programme following a high court challenge by the broadcaster to secure the interview, admitted he had previously fought “battles” in Bosnia but said he believed terrorism to be wrong.

He told the programme: “I am facing extradition to the United States and spending the rest of my life in solitary confinement. I have never been questioned about allegations against me and I have never been shown any evidence against me.

“It is fair to say I’m fighting for my life and I’m running out of time.”

Ahmad said that if he had been charged and tried in 2003 it is likely he would have been released from a British prison by now, even if he had been found guilty.

He accused the British police of “outsourcing” the case to the Americans. He said: “All the offences against me are alleged to have happened in this country.

“Had the police and CPS put me on trial in 2003 – which they could have done – I would have left prison years ago regardless of the outcome. I have been in this nightmare fighting extradition for the past eight years.

“I absolutely reject any allegation that I have supported terrorism in any way and in any place – whether in Chechnya, or Afghanistan, or any other part of the world.

“I believe terrorism to be wrong and I believe targeting and killing innocent people to be wrong.”

He added: “The right place for me to respond to these allegations is either in a court of law or a formal police interview.”

The BBC is scheduled to broadcast the full interview on Thursday’s Newsnight.”

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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 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 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.


Canada told to prosecute, not extradite alleged war criminal

November 29, 2011

The Canadian Press on November 28, 2011 released the following:

“CALGARY — Ramiro Osorio Cristales says he was only five when he witnessed Guatemalan soldiers butcher almost every man, woman and child in the village of Dos Erres during the country’s bloody civil war.

“They took my father and my older brother to the school and my mother and younger brothers to the church,” Cristales recalled Monday through tears. “They were crying. Most of the people was praying.

“The next morning they started massacring the men and young kids from the school. When they finished with the men they started with the women from the church.”

Thirty years later and Cristales is now living in Canada.

On the surface he seems fine, but he says the emotional scars are still there. And his anger at the man accused of commanding the military unit that surrounded Dos Erres in December 1982.

Jorge Vinicio Orantes Sosa, 53, who holds both Canadian and American citizenship, remains in custody in Calgary as he appeals his extradition back to the United States on immigration charges.

He is also wanted by Guatemalan authorities for allegedly participating in attacks on the village. A total of 251 men, women and children were killed during the massacre. The military unit believed the village was under rebel control and that its inhabitants were responsible for an ambush on soldiers and the theft of 20 rifles. No weapons were found.

Sosa denies the allegations.

Many of the villagers were killed with sledgehammers. The women and girls were raped and their bodies were thrown down the village well.

“At that time, I didn’t know what rape means,” Cristales said. “The little kids were screaming for their moms to help them because they were raping them and then after the rape they killed them.”

Cristales is joining Lawyers Without Borders and the Canadian Centre for International Justice in demanding that the Canadian government prosecute Sosa for war crimes here, instead of returning him to the United States.

“He’s only being charged in the United States for lying on his citizenship application. There are no charges for the underlying crimes that he allegedly committed in the Dos Erres massacre,” explained Matt Eisenbrandt, the legal co-ordinator for the Centre for International Justice.

“In Canada he could stand trial for crimes against humanity, for war crimes, for the actual human-rights abuses.”

Sosa was arrested earlier this year in Lethbridge, Alta., and is accused of lying to American immigration authorities when he applied for U.S. citizenship about whether he had committed a crime or been a member of a military organization.

The groups want the Canadian government to take a stand in the case, but so far have not received a response from the federal justice minister. Eisenbrandt said the Canadian government has an obligation to do something in this case.

“There are very strong laws in Canada that allow for the prosecution of crimes against humanity and war crimes even when they’re committed overseas,” he said.

“This is a case that has a very close connection to Canada. There is a Canadian citizen who is a survivor and Mr. Sosa is himself a Canadian citizen.”

A Calgary judge ruled in September that there was sufficient evidence to approve the extradition request.

During that extradition hearing Sosa’s lawyer, Alain Hepner, acknowledged the “atrocities” committed in Guatemala formed a backdrop for the hearing, but argued the key was to determine if Sosa committed perjury.

Hepner said there was “ambiguity” in the questions asked by U.S. Immigration officials and there is no proof Sosa committed any crimes.

“There is no trial. He hasn’t been convicted,” said Hepner. “He is in essence denying the crimes they say he committed.”

But the judge had harsh words for Sosa.

“The evidence from the massacre at Dos Erres clearly establishes that Sosa was present and involved and actively participated in the killings with a sledgehammer, a firearm and a grenade,” Judge Neil Wittmann said.

“It is hard for this court to comprehend these murderous acts of depraved cruelty.”

“I want him to stay here and he can pay for whatever he did in Guatemala,” said Cristales.”

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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 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 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.


Mobster Emilio Fusco Denied Bail in Al Bruno Murder Case

July 27, 2011

A federal judge emphatically denied a motion by mobster Emilio Fusco to be released on bail as he awaits trial on racketeering charges that include the 2003 murders of mob boss Adolfo “Big Al” Bruno and another organized crime associate in Western Massachusetts.

Emilio Fusco, 42, of Longmeadow, Mass., moved to be released from prison and placed on house arrest while he also is appealing an extradition order by a judge in his native Italy that saw him transferred to the United States in May. Fusco was arrested in Italy in July 2009 after being indicted in a Manhattan court along with other local gangsters and the onetime acting boss of the Genovese crime family.

Mob enforcers Fotios and Ty Geas, of West Springfield, Mass., and Westfield, Mass., respectively, and then-capo Arthur “Artie” Nigro, of Bronx, N.Y., went to trial on essentially the same charges in March, were convicted by a jury and face mandatory life sentences. Fusco, on the other hand, fought extradition from Italy after the charges were brought, was excluded from that trial and is now scheduled to be tried alone in U.S. District Court in March 2012.

U.S. District Judge P. Kevin Castel told the attorneys the bail argument wasn’t even a close call.

“While on bail and on electronic monitoring, Mr. Fusco participated in two murders,” Castel said, drawing from the evidence and testimony in the March 2011 trial. Fusco had been released on bail on a 2000 racketeering charge.

Castel said he wasn’t going to let Fusco “learn from past mistakes” and get out on bail simply to flee to another country with no extradition treaty with the United States.

Prosecutors successfully argued to Castel that Fusco fled after news reports began circulating that former mob soldier Anthony J. Arillotta, of Springfield, had joined ranks with the government shortly after his arrest last year and led them to the body of Gary Westerman, a Bruno associate who disappeared three weeks after Bruno was murdered.

The FBI and Massachusetts State Police descended on a wooded lot in Agawam, Mass., in April 2010, recovering Westerman’s remains. Arillotta testified at the Geases’ trial in March 2011 that he, the Geases and Fusco teamed up to shoot and bludgeon Westerman, Arillotta’s brother-in-law, and then bury him in the woods.

They correctly believed Westerman was a police informant and Fusco allegedly was recruited to aid in the killing just three weeks after Bruno was gunned down outside his regular Sunday night card game at an Italian social club. Witnesses said Bruno was killed because Fusco began circulating a court record from a loan-sharking case (to which he pleaded guilty and was sentenced to prison) confirming Bruno had spoken to an FBI agent about Fusco’s status in the Mafia.

Assistant U.S. Attorney Nicholas McQuaid told Castel that the theoretical arguments prosecutors usually make urging pretrial detainment of organized crime figures who could pose a threat to witnesses against them is a foregone conclusion in Fusco’s case.

“There’s no need to go there. He’s guilty. He’s killed people for these things,” McQuaid said during a lengthy hearing on Tuesday.

Fusco has denied all allegations; his lawyer argued that he had traveled to Italy to attend his sister’s 50th birthday party and to other family and business matters.

Defense lawyer William I. Aronwald told Castel that Fusco flew out on April 13, 2010, three days before his sister’s birthday but admittedly amid widespread media reports of the Westerman dig. Aronwald contended his return was delayed by his mother’s poor health, an Icelandic volcanic eruption and buisiness negotiations over a tire recycling contract back in the states.

“(The government) has not presented one witness who said Emilio Fusco said he was leaving the country because he knows the jig was up and he was about to be indicted,” Aronwald argued, adding that he routinely traveled to see his mother and siblings in Italy but has a wife, three children, a home and had a Dumpster business in Western Massachusetts.

Fusco became a naturalized citizen in 1996 after immigrating to this country in 1991 and later marrying. At issue in Italy was whether Fusco would face the death penalty and whether he was technically charged with murder. That country opposes extradition of its citizens under those circumstances, according to Aronwald. Because the structure of Fusco’s indictment on the murder counts is murky, Fusco is appealing the extradition order, his lawyer said.

This article was written by Stephanie Barry and published by MassLive.com on July 26, 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 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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Fresh Calls to Prime Minister over Extradition Case of Gary McKinnon

July 13, 2011

David Burrowes restated his concern for Palmers Green resident Gary McKinnon during today’s Prime Ministers Questions.

The MP for Enfield Southgate asked Prime Minister David Cameron: “While I recognise that the Home Secretary has a legal process to follow, does the Prime Minister share the concern for my constituent’s nine-year nightmare?

“He feels that his life is literally hanging by a thread that is waiting to be cut by extradition.”

Mr McKinnon is facing extradition to the US accused of hacking into sensitive government databases.

His case is currently resting with Home Secretary Theresa May, who is seeking further medical evidence before deciding whether to approve the extradition.

Mr Cameron, in his reply, said he had raised Mr McKinnon’s plight with US President Barack Obama during his recent state visit.

He added: “I think the point is that it is not so much about the alleged offence, which everyone knows is a very serious offence, and we can understand why the Americans feel so strongly about it.

“The case is now in front of my right honourable friend the Home Secretary, who has to consider reports about Gary McKinnon’s health and well-being.

“It is right that she does that in a proper and effectively – I am sorry to use the word again today – quasi-judicial way.”

This article was written by Tristan Kirk and published by the Enfield Independent on July 13, 2011.

Douglas McNabb and other members of the 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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