Sayfildin Tahir Sharif Can Be Extradited to the United States to Face Murder and Terrorism Charges, Judge Rules

October 20, 2012

CBC News on October 19, 2012 released the following:

“Accused terrorist can be extradited to U.S.

Enough evidence to proceed, judge rules

There is enough evidence to extradite an Edmonton man to the United States to face murder and terrorism charges, a Court of Queen’s Bench judge in Alberta has ruled.

Sayfildin Tahir Sharif, 40, is accused of playing a role in two 2009 suicide bombings, including one that killed five American soldiers in Iraq.

In a ruling released Friday, Justice Adam Germain found that evidence gathered through wiretaps and from Sharif’s computer was “highly suggestive of a conspiracy to commit murder.”

The judge said he has no doubt the evidence shows Sharif was a conspirator and involved in the two bombings. The words and actions of the accused “extend far beyond religious enthusiasm or just talk,” he said

Sharif’s lawyer Bob Aloneissi argued the evidence — which included more than 10 hours of videotaped interviews with the FBI and RCMP — did not show his client played an active role in the attacks.

Although the judge has ruled in favour of the extradition, the final decision lies with the federal Justice Minister Rob Nicholson, whose decision, along with Friday’s ruling, can be appealed.

Nicholson has 90 days to issue a surrender order, though the deadline can be extended.

Aloneissi will likely file an appeal. He told reporters the justice minister can also look at whether Sharif could instead be tried in Canada.

“The evidence was gathered here, clearly there’s sufficient evidence to prosecute him here for the offences in Canada, so why not prosecute him in Canada?” he asked.

Sharif, who is also known as Faruq Khalil Muhammad ‘Isa or Tahir Sharif Sayfildin, has been in custody since he was arrested at his Edmonton apartment in January 2011.

An ethnic Kurd born in Iraq, Sharif came to Canada in 1993, living in Toronto briefly before moving to Edmonton. He is a Canadian citizen.”

————————————————————–

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 defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


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.”

————————————————————–

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 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: