Will US boot Bout back to Russia?

July 18, 2012

RT on July 18, 2012 released the following:

“According to the executive director of an international NGO, the US attorney general is considering the possibility of extraditing two Russian nationals sentenced in the US to lengthy prison terms for arms and drugs trafficking.

“We learned that US Attorney General Eric Holder is considering the return of Victor Bout to Russia, along with another Russian arms and drugs trafficker, Konstantin Yaroshenko,” Kathi Lynn Austin, the Executive Director of the Conflict Awareness Project, told reporters on the sidelines of the UN Conference on the Arms Trade Treaty in New York on Tuesday.

However, Austin expressed reservations about allowing the Russians to serve out the remainder of their prison sentences in their homeland.

“Allowing Bout a transfer to Russia would pose a risk both to international peace and security as well as to US interests,” said Austin, an arms trafficking expert.

Russian Justice Minister Alexander Konovalov told journalists that although the necessary steps are being taken to arrange for Bout’s return to Russia, the extradition is not likely to happen soon. Konovalov said the US courts require any individual convicted in the United States to serve at least half of his sentence in a US prison.

The minister added that so far the Russian national’s extradition is only being discussed at the diplomatic level.

The former Soviet officer, who founded an air cargo company, was convicted of “conspiracy to kill Americans” and supply arms to the Revolutionary Armed Forces of Columbia (FARC), which the US government lists as a terrorist organization. He was sentenced in November to 25 years in prison by the New York Federal Court.

Bout, who is said to have been the inspiration behind the 2005 Hollywood film, Lord of War, maintained throughout his ordeal that he would never get a fair trial in the United States.

At the same time, the Justice Ministry has applied for the transfer of Konstantin Yaroshenko, a Russian pilot sentenced to a 20-year prison term on drug-trafficking charges.”

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

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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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New Zealand judge in Kim Dotcom extradition case steps down after jokingly calling US ‘enemy’

July 18, 2012

The Washington Post on July 18, 2012 released the following:

“By Associated Press

WELLINGTON, New Zealand — A New Zealand judge has stepped down from overseeing the extradition case of Megaupload founder Kim Dotcom after jokingly referring to the United States as “the enemy.”

The comment by Auckland District Court Judge David Harvey raised questions about his impartiality. He was discussing Internet copyright at a conference last week when he told an audience, “We have met the enemy, and he is U.S.”

Harvey’s comments referencing late cartoonist Walt Kelly were recorded and posted on the Internet.

The U.S. is attempting to extradite Dotcom on racketeering and money laundering charges that allege his file-sharing site was facilitating massive Internet piracy.

Harvey will be replaced by judge Nevin Dawson. An extradition hearing has been scheduled for March.”

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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 New Zealand 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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US ‘the enemy’ says Dotcom judge

July 16, 2012

New Zealand Herald on July 16, 2012 released the following:

“By Hamish Fletcher

The judge due to hear Kim Dotcom’s extradition case has referred to the United States as “the enemy” in a discussion about copyright law.

District Court Judge David Harvey has heard parts of the case against the Megaupload founder, who was arrested with three colleagues in January after a request from the United States. The FBI has accused Dotcom and others working at Megaupload website of the world’s biggest case of criminal copyright violation.

Judge Harvey is not due to hear the internet mogul’s extradition case until next year but made his views on copyright known during the launch of the “Fair Deal” campaign last week.

The campaign is opposing any changes to New Zealand’s copyright laws that may form part of the Trans Pacific Partnership (TPP) agreement.

The TPP trade deal is currently being negotiated and the 13th round of talks are finishing up.

The negotiations are secret but it is known that the United States entertainment industry is pushing for stronger copyright provisions among the 11 countries in the Asia-Pacific region negotiating the deal.

When talking about how the TPP would affect copyright in New Zealand, Harvey said it could stop the practice of hacking around DVD region codes.

These codes can mean movie players in New Zealand are unable to read DVDs from other parts of the world such as the United States.

It is legal in New Zealand to use methods to get around these regional codes and make the DVDs watchable but Judge Harvey said the TPP would change this.

“Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited… if you do you will be a criminal – that’s what will happen. Even before the 2008 amendments it wasn’t criminalised. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown’s] tweet from earlier on: we have met the enemy and he is [the] U.S.”

Judge Harvey’s remark is a play on the line “we have met the enemy and he is us” by American cartoonist Walt Kelly.

The judge had used Kelly’s quip while speaking at an internet conference earlier last week and it was promoted on Twitter by Public Address journalist Russell Brown.

Judge Harvey, who has served on the bench since 1989, would not comment when asked if these statements were appropriate given his involvement in Kim Dotcom’s case.

Auckland University law professor Bill Hodge said the comments could be seen as “unhelpful”.

However, without knowing the details of the TPP discussion or related copyright issues he was unable to say whether the comments were appropriate.

“To the extent that the North Shore District Court has some jurisdiction, it can be seen as probably an extra-judicial comment that isn’t helpful.

“But on the other hand, it was part of a quasi-academic conference discussing developing areas of law. I think judges should be free to make comments, as long as it doesn’t appear to show any predetermination with respect to the specific case in the court before them.”

Crown Law, which is representing the FBI in the extradition case, would not comment on the issue.”

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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 New Zealand 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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Kim Dotcom: I’ll extradite myself to US if they give my money back

July 12, 2012

The Guardian on July 10, 2012 released the following:

“Megaupload founder fighting extradition from New Zealand says he is determined to beat American authorities at their ‘foul game’

Toby Manhire in Auckland

From a semi-rural suburb north of Auckland, Kim Dotcom is mounting an increasingly belligerent counter-offensive against US authorities’ efforts to prosecute him over his now defunct Megaupload file storage site.

In an interview with the Guardian, Dotcom, who remains on bail in Coatesville, New Zealand, awaiting an extradition hearing, declared himself to be in “fighting mood” and eager to refute a “case built on malicious conduct”.

The charges against him, he said, were part of a “foul game” on the part of the US government, and that funds permitting, “I am going to war.”

Dotcom is being sought by the US to face criminal copyright charges related to the MegaUpload file storage site, which at its peak amounted for an estimated 4% of all internet traffic.

Prosecutors allege he and his co-accused associates were complicit in and encouraged the distribution of copyright-protected films, music and other material.

The German-born New Zealand resident’s remarks, in an email interview with the Guardian, follow Tuesday’s announcement that his extradition hearing, scheduled to begin in less than a month, has been put back until April next year.

On Wednesday morning Dotcom laid down the gauntlet to the US department of justice, offering to travel to the US under his own steam and faces charges – with conditions. “Hey DOJ,” Dotcom said on his Twitter account, “we will go to the US. No need for extradition. We want bail, funds unfrozen for lawyers and living expenses.”

He told the Guardian that the offer was genuine but he was not holding his breath. “Considering the way the US government has conducted their case and the way I was treated, I never expect to get a fair trial in the United States,” he said.

“We are not expecting to hear back regarding the offer and I remain committed to fighting extradition in New Zealand.”

Dotcom has 22 lawyers working on his case in different countries. He says he faces a mounting legal bill, exacerbated by the rescheduled extradition hearing.

The delay was made inevitable by the need to first resolve a clutter of outstanding legal disputes. The Auckland high court ruled last month that the January raid on Dotcom’s mansion was conducted illegally, that evidence has been wrongly withheld from his legal team, and that the FBI had inappropriately cloned hard drives and taken them from the country.

An earlier district court instruction for the FBI to provide copies of cloned drives to Dotcom’s lawyers is expected to be appealed, and other decisions may also be taken to higher courts.

Those who interpreted the postponement as a victory for Dotcom were mistaken, he told the Guardian. “People might think it’s good news. But it’s not. Justice delayed is justice denied. And that’s the foul game the US government is playing. They have terminated my business without a trial. They have frozen my assets without a hearing.

“They are appealing the decision of a New Zealand judge who has ordered the US government to provide evidence before the extradition hearing starts.”

US authorities had dragged other countries into a vendetta driven by special interests, he said. “They have been misleading the Hong Kong and New Zealand government to destroy a legitimate business and 220 jobs by telling them stories about child pornography and terrorist propaganda on Megaupload,” he said.

“This whole case is built on malicious conduct. It is a stillborn case and everyone can see it. I am in a fighting mood and if I get my assets unlocked or somehow find funding to defend myself I am going to war.”

The Megaupload founder last week alleged that the pursuit of Dotcom was directly ordered by the US vice-president, Joe Biden, at the behest of Hollywood studio executives – a claim the Motion Picture Association of America has rejected.

Next in Dotcom’s sights is Biden’s boss, in a rather more colourful medium. Dotcom, who has been recording an album with the help of Black Eyed Peas producer Printz Board at studios belonging to Crowded House’s Neil Finn, is expected to release a new song and video this week pointing the finger directly at Barack Obama. The song reportedly includes the lyrics “”We must oppose / those who chose / to turn innovation into crime”.

The track, Dotcom wrote in an email to the Guardian, would mark “the birth of a powerful movement and CHANGE””

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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 New Zealand 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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Nigeria: Court Extradites Ctizen to U.S. Over U.S.$30 Million Fraud

May 29, 2012

allAfrica.com on May 29, 2012 released the following:

“BY DAVIDSON IRIEKPEN

Justice James Tsoho of the Federal High Court in Lagos Monday granted the request of the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), for one Mr. Godwin Chiedo Nzeocha, to be extradited to the United States of America to face criminal charges over an alleged $30 million Health Care Benefit Fund fraud.

Nzeocha, 54, worked with the City Nursing Services in Houston, Texas, US as a Physical Therapist Aide between 2007 and 2009.

In US, he was alleged to have conspired with others and submitted claims worth $45 million to the Medicare and Medicaid for health care services on behalf of some patients who were beneficiaries of the health insurance claims.

Nzeocha and his accomplices were paid $30 million but failed to remit the funds to the beneficiaries.

Consequently, he was dragged before a US District Court in the Southern District of Texas, Houston by the US Department of Justice on October 19, 2009 for offences bordering on conspiracy to commit healthcare fraud, money laundering and mail fraud.

Rather than face his trial, Nzeocha fled to Nigeria. In his ruling, Justice Tsoho agreed with the prosecution that the extradition application was competent and that the alleged offences which are the basis of the extradition request are returnable offences.

He therefore ruled that accused be extradited to US to face trial within a period of one month. Nzeocha was arrested in June 2011 by the Economic and Financial Crimes Commission (EFCC) following a petition from the Legal Attaché to the US Consular Office, Lagos, on behalf of the Federal Bureau of Investigation (FBI).

Part of his extradition charges read: “Conspiracy to commit health care fraud in violation of Title 18, United States Code, Section 1349, carrying penalty on conviction of a fine of up to $250,000, or imprisonment of not more than ten (10) years, or both; supervised released of not more than three years; a special assessment of $100.00 for each convicted offence.”

• Indictment with health care fraud in violation of Title 18, United States Code, Section 1347, carrying penalty on conviction of a fine of up to $250,000, or imprisonment of (10) years, or both; supervised released of not more than three (3) years; and a special assessment of $100.000 for each convicted offence.”

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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 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: mcnabb.mcnabbassociates

           Office Locations

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Lead Defendant in Operation Luz Verde Extradited from Mexico

May 24, 2012

The Federal Bureau of Investigation (FBI) on May 23, 2012 released the following:

“United States Attorney Laura E. Duffy announced that today Armando Villareal Heredia, aka Gordo Villareal, was successfully extradited from the Republic of Mexico to the United States to face federal racketeering (RICO) and drug charges in the Southern District of California. According to court documents, Villareal is the lead defendant in a 43-defendant racketeering prosecution against the Fernando Sanchez- Arellano Organization (FSO) which has been ongoing in the Southern District of California since July 2010. Villareal was arrested by Mexican law enforcement officers on July 9, 2011 at the request of the United States. Since his arrest in Mexico, Villareal has remained in custody pending extradition to the United States. According to the indictment, Villareal was one of the top leaders of this criminal organization, which evolved from the now-defunct Arellano-Felix Organization and is headed by the nephew of Benjamin and Javier Arellano-Felix.

“Today’s extradition of Villareal, a top-lieutenant in the FSO who answered directly to Fernando Sanchez Arellano, highlights our continued successful efforts to work with the government of Mexico to combat organized criminal activity along the southwest border,” United States Attorney Duffy stated. To date, 38 defendants have entered guilty pleas in the case. During those guilty pleas, the defendants admitted to participating in a violent transnational racketeering enterprise controlled by Fernando Sanchez- Arellano and to committing murders, kidnappings, robberies, assaults, money laundering, and a wide range of drug trafficking offenses. Four defendants are fugitives and the only other remaining in-custody defendant is scheduled for trial on June 5, 2012.

The indictment in this case resulted from a long-term investigation conducted by the multi-agency San Diego Cross Border Violence Task Force (CBVTF). The CBVTF was formed to target those individuals involved in organized crime-related violent activities affecting both the United States and Mexico. Law enforcement personnel assigned to the CBVTF made extensive use of court-authorized wiretaps and other sophisticated investigative techniques to develop the significant evidence which led to the charges in this case.

United States Attorney Duffy praised the Mexican government for their assistance in the extradition of Villareal. She also commended the Organized Crime Drug Enforcement Task Force (OCDETF) for the coordinated team effort in handling this investigation, Operation Luz Verde. Agents and officers from the Federal Bureau of Investigation; San Diego Police Department; Drug Enforcement Administration; San Diego Sheriff’s Office; Chula Vista Police Department; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; San Diego District Attorney’s Office; and California Department of Justice participated in this OCDETF investigation. The Criminal Division’s Office of International Affairs provided significant assistance in the extradition. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against organized crime and major drug trafficking organizations.

The defendant is expected to be in federal court in San Diego tomorrow, May 24, 2012, at 10:30 a.m. before United States Magistrate Judge Nita L. Stormes.

An indictment itself is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.”

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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 Mexico 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: mcnabb.mcnabbassociates

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American held for extradition over alleged subprime fraud

April 13, 2012

BrisbaneTimes.com.au on April 13, 2012 released the following:

“Leonie Lamont

THE fallout from the US subprime crisis has washed up on Australian shores – the Gold Coast – with US authorities seeking to extradite an American accused of money laundering and wire and bank fraud.

The US proceedings came to light after James Scott Taylor, 51, who is described as a real estate consultant and property developer on the Gold Coast, made an unsuccessful application to the Federal Court to release him on bail after he was taken into custody last week.

In court documents, the US Government alleges that during 2001- 2002 Mr Taylor ”knowingly executed and attempted to execute a scheme to defraud issuers of residential home loans” in Colorado, and named eight banks in the indictment.

It claimed he prepared home loan applications in the names of people that contained ”materially false and fraudulent representations,” including representations about the applicants’ employment, income and intention to use the homes as their primary residences.

Many of the applications were to so-called low-doc lenders – those willing to issue loans without extensive documentary evidence of income and employment. However, it alleged that in some cases Mr Taylor prepared documents to support the fraudulent representations.

The indictment further claims that, while it was put to the lenders that many of the applicants were using their own funds to pay deposits, ”in most instances Taylor or his associates provided the funds used to make down-payments,” through his company Dingo Trading Ltd.

It claims the funds were returned to Mr Taylor through disbursements when the loans were released to the borrowers. Finally, it alleges it was part of Mr Taylor’s scheme that the applicants used the loans to buy properties owned by his company JJReal Estate Investments Inc.

Mr Taylor told the court his wife and adult children were Australian, that he lived at Mermaid Beach and had substantial business, commercial and property interests in Australia. This was both through his private company 3JL Pty Ltd and as a consultant to other property developments on the Gold Coast. BusinessDay understands he did some work for Colliers on the Gold Coast.

He said he had migrated to Australia before he received any notice of the charges against him. There had been a four-year delay between the grand jury indictment in 2007, and he said he had co-operated with the authorities in the US during their investigations. He denied he was a flight risk.

Mr Taylor was originally arrested last October, but was on bail pending the outcome of an extradition hearing heard by Magistrate Duroux in the Southport Magistrate’s Court.

The magistrate determined last week that Mr Taylor was eligible to be surrendered to the United States, and cancelled bail.

While Mr Taylor had originally sought a review of the magistrate’s decision, lawyers acting for Mr Taylor yesterday filed a notice of discontinuance.”

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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 Australia 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.