Megaupload extradition case delayed until March 2013

July 10, 2012

BBC on July 10, 2012 released the following:

A decision on whether Megaupload employees should be extradited to the US on copyright and fraud charges has been delayed until 2013.

A New Zealand judge has postponed next month’s hearing to allow more time to resolve legal arguments.

It follows earlier rulings regarding the rights of the accused and the legality of a raid on the file-sharing site creator Kim Dotcom’s mansion.

The US is set to appeal against both decisions.

The case has been rescheduled provisionally for 25 March.

Lost earnings

Mr Dotcom has been accused of copyright theft, money laundering and racketeering fraud and faces a jail sentence of up to 20 years if convicted in the US.

Prosecutors allege that pirated movies and other content shared through his site cost copyright holders more than $500m (£322m) in lost earnings, making it one of the biggest cases of its kind.

They claim Megaupload’s staff paid users “whom they specifically knew uploaded infringing content”, potentially encouraging the practice.

The US Department of Justice alleges the firm made about $175m from advertising and membership fees as a result of its activities.

Mr Dotcom’s lawyers deny the charges saying the site simply offered an online storage service and that the majority of its traffic was “legitimate”.

‘One-sided’

The US filed a formal request for the extradition of Mr Dotcom and three of his associates in March but has faced a series of setbacks in New Zealand’s courts.

In May a judge said the US should share the evidence it had gathered from its seizure of Megaupload’s computer equipment before the extradition hearing to prevent it from becoming a “one-sided” affair.

In June another judge ruled that the search warrants used to raid Mr Dotcom’s home had been invalid because they had failed to “adequately describe” the offences being investigated.

Mr Dotcom is currently under house arrest at his Auckland home. He has been tweeting his thoughts since a ban preventing him using the internet was lifted in April.

“Dirty delay tactics by the US,” he wrote after learning of the latest development.

“They destroyed my business. Took all my assets. Time does the rest.””

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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 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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Extradition hearing today for mother of Hollywood arson suspect

May 17, 2012

Daily News Los Angeles on May 17, 2012 released the following:

“By Fred Shuster City News Service

LOS ANGELES – The mother of a man suspected of setting dozens of fires in Hollywood, West Hollywood and the San Fernando Valley over New Year’s weekend will face an extradition hearing today. | POLICE NEWS

Dorothee Burkhart, 53, is fighting extradition to her native Germany, where she is wanted on a host of fraud charges.

Attorneys for both sides are expected to argue before U.S. Magistrate Judge Charles F. Eick, who rejected a request to free Burkhart on bail pending today’s proceedings.

The woman has described herself as the sole link between her “mentally ill” son, Harry, and “the outside world.” Her 24-year-old son faces trial on dozens of arson-related charges stemming from the series of fires that terrorized Los Angeles over four nights at the start of the year.

“I was the person who was the bridge between the outside world and the inside of his brain,” Burkhart said at a previous hearing.

Her arrest pending extradition is thought to have sparked the arson rampage allegedly committed by her distraught son, her only child.

An attorney for Harry Burkhart asked Eick in court papers last week to temporarily suspend the extradition proceedings on the grounds that the mother is a key witness in her son’s case.

Dorothee Burkhart is accused in Frankfurt of subletting apartments that she did not own, failing to pay rent and security deposits on other locations, and defrauding a cosmetic surgeon out of about $10,000 for breast augmentation surgery for which she never paid, according to court papers.

The extradition process can take upward of a year, federal prosecutors said. It took about four months to extradite former TV producer Bruce Beresford- Redman to Mexico to face charges for the killing of his wife — an unusually short amount of time because Beresford-Redman decided not to appeal the judge’s extradition order.

Harry Burkhart faces 100 felony charges related to 49 blazes set between Dec. 30 and Jan. 2. Most of the fires began in automobiles but usually spread to homes in Hollywood, West Hollywood, Sherman Oaks and surrounding areas.

His bail has been set at $7.5 million. A trial date has not been set.”

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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 Germany 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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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email:


Jamaica forms govt task force to battle scams

May 4, 2012

The Final Call on May 4, 2012 released the following:

“BY DAVID MCFADDEN ASSOCIATED PRESS

Jamaica recently announced a new government task force April 26 to fight proliferating lottery scams that have made the Caribbean country a center for international telemarketing fraud.

The Jamaican and U.S. governments already have a three-year-old joint task force that has been dealing with the schemes, which mainly target elderly Americans, but the problem has gotten worse.

Julian Robinson, a senior official in Jamaica’s Ministry of Science, Technology, Energy and Mining, told reporters the lottery scams will seriously damage Jamaica’s reputation as a Caribbean tourist destination and business center if they continue.

“The implications of the lotto scam touches and encompasses so many critical areas of our national life,’’ Mr. Robinson said while flanked by police commanders and other government officials in tourism, investment and foreign affairs.

He said at least “30,000 calls are made into the U.S. from Jamaica attempting to defraud’’ American citizens every day. The United States is Jamaica’s biggest trade partner and source of tourists.

Mr. Robinson cited recent media coverage as a reason why the new inter-ministerial task force has been named. His April 19 announcement came two days after The Associated Press published a report on the Jamaican scams.

Police on the island say there are very visible signs of the fraud-spawned riches in the hot spot for the gangs, St. James parish, where a growing number of teenagers and twenty-somethings from modest backgrounds are living very well without any obvious source of income.

Deputy Police Commissioner Glenmore Hinds said the violent fraud rings are recruiting students out of high schools, some as young as 14 years of age. One 15-year-old scammer was able to buy his mother a house and drove around his community in a luxury car, Mr. Hinds said.

The rising economic power of the swindlers is also having a corrupting influence on police.

“Gangs are now contracted to seek out revenge on competitors and in some cases corrupt policemen are also employed to work for and on behalf of the scammers,’’ Mr. Hinds said.

The young Jamaican con artists have become so brazen that they throw lavish street parties. “There are parishes where scammers use champagne to wash their cars and light money as part of their celebrations,’’ Mr. Hinds said.

The Jamaican and U.S. governments set up a joint task force three years ago to combat the scams. But complaints in the U.S. have increased dramatically every year and even the most conservative estimates put the yearly take from Jamaican scams at $300 million (185,609,375 pounds), up from about $30 million (18.5 million pounds) in 2009.

Mr. Hinds said several swindle suspects are expected to be extradited to the U.S. soon, but declined to specify how many. So far, there has not been a single extradition.

The scams started taking off in Jamaica roughly five years ago, at about the same time the island became a regional leader in call centers dedicated to customer service. Since 2006, many of the legitimate call centers have been based in Montego Bay, and that is where many of the fraud rings have popped up.

The schemes are so entrenched in Jamaica that some American police departments have started warning vulnerable elderly residents to be wary of calls from Jamaica’s 876 telephone code.”

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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 Jamaica 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 questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           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.


Alleged Fugitive from Texas Arrested by AFI in Mexico; US Extradition Pending

July 19, 2010

Harris Dempsey “Butch” Ballow, 67, formerly of Galveston County, Texas, has been charged with conspiracy and wire fraud in a two-count indictment by a Houston grand jury, United States Attorney José Angel Moreno announced today.

Ballow was a fugitive from justice in the United States for more than five years until his arrest on Tuesday, July 13, 2010, by agents of the Mexican Agencia Federal de Investigaciones (AFI) working closely with the FBI pursuant to a provisional arrest warrant. Ballow remains in custody in Mexico City awaiting extradition to the United States.

Originally indicted in federal court in Houston in 2003 for fraud and money laundering centering on misrepresentations made in connection with the purchase and sale of stock, Ballow pleaded guilty before U.S. District Judge David Hittner to money laundering in November. At the time, Ballow, who had been in custody without bond for approximately a year, agreed to cooperate with an Securities and Exchange Commission investigation and was released on a $100,000 bond pending his sentencing set for Dec. 16, 2004. However, facing 10 years imprisonment, Ballow failed to appear for the sentencing and fled the country. A warrant for Ballow’s arrest issued the next day, Dec. 17, 2004.

According to allegations in today’s indictment, Ballow lived under the names John Gel, Tom Brown and Marty Twinley during his time as a fugitive and also acquired a British passport in the name of Melvyn John Gelsthorpe. The indictment alleges Ballow used these names to take control of publicly-traded United States corporations, including E-SOL International Corp., Medra Corp., Deep Earth Resources Inc. and Aztec Technology Partners Inc.—now called Ultimate Lifestyles Corporation— and sold the stock to investors without revealing his true identity, his use of multiple names, his past convictions for fraud and money laundering and his status as fugitive from justice in the United States.

The indictment further alleged that Ballow moved to Puerto Aventuras, Mexico, in 2008, but disappeared in July 2009, just days after allegedly convincing an American investor from Texas to wire transfer $5 million to E-SOL in Reno, Nev. In October 2009, the indictment alleges Ballow reappeared in Puerto Vallarta, Mexico, where he lived in a luxurious golf resort and was arrested by Mexican federal police on July 13, 2010.

An indictment merely contains allegations of unlawful violations. Individuals are innocent until proven guilty beyond a reasonable doubt.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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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