“Snowden extradition may be complicated process if criminal charges are filed”

June 20, 2013

The Washington Post on June 19, 2013 released the following:

“By Sari Horwitz and Jia Lynn Yang

If U.S. officials criminally charge Edward Snowden, they are likely to confront a complicated and lengthy process to bring the admitted leaker of top-secret documents back home to stand trial, according to extradition experts and law enforcement officials.

Although the United States has an extradition treaty with Hong Kong, where Snowden was last seen, the treaty offers an exception for political offenses. It also has a rare exception that would allow Snowden to stay in Hong Kong if the government there determines it to be in its best interest. He also could apply for asylum in Hong Kong, Iceland or another country. On Wednesday, the founder of WikiLeaks told reporters that his legal advisers had been in touch with Icelandic officials on Snowden’s behalf.

“There are a number of hurdles that the government will have to jump through before Snowden will ever end up in a U.S. courtroom,” said Stephen I. Vladeck, an associate dean at American University’s Washington College of Law who studies national security law.

In the end, the ability to bring the former National Security Agency contractor back to the United States will come down to legal maneuvering and creative diplomacy, Vladeck said.

“The dirty little secret about extradition law,” he said, “is it’s really about 90 percent politics and only 10 percent law.”

Snowden, 29, revealed himself June 9 as the anonymous source for articles in the British newspaper the Guardian and The Washington Post about the NSA surveillance of telephone calls and Internet communications. He was staying in an upscale hotel in Hong Kong, a city that he said he had chosen because he felt he might win asylum there.

But Snowden subsequently left the hotel, and it is unclear where he is. In an unusual live Web chat Monday, he said he sees no possibility of a fair trial in the United States and suggested that he would try to elude authorities as long as possible.

Justice Department officials have said that a criminal investigation is underway, led by agents from the FBI’s Washington field office and lawyers from the department’s national security division. Investigators are gathering forensic material to back up possible criminal charges, most likely under the Espionage Act, according to former Justice Department officials.

Snowden also could be charged with theft and the conversion of property belonging to the U.S. government, experts say. A thorny issue for U.S. authorities trying to build their case against Snowden involves how much to reveal about the highly classified material that he allegedly acquired, according to former Justice Department officials.

U.S. officials could file a criminal complaint and try to have Snowden detained in Hong Kong on a provisional arrest, extradition lawyers said. They would then have 60 days to file an indictment, possibly under seal, setting out probable cause. U.S. authorities could then formally move to extradite Snowden for trial in the United States — a move he could fight in the courts.

The United States has extradition treaties with about 120 countries, but that doesn’t necessarily make it easier to extract people accused of a crime from those countries. For example, of 130 extradition requests to Britain since 2004, only 77 people were extradited to the United States.

To fight extradition, Snowden could invoke Article 6 of the 1997 pact between the United States and Hong Kong, which states that a suspect will not be surrendered to face criminal prosecution for an offense of a “political character.”

That’s a standard and historic exception in treaties between governments but one that lacks a standard definition or clear legal interpretation. In the United States, as well as in other states, what constitutes a political act has narrowed. How the Hong Kong courts would view such an assertion is unclear. If Snowden argues that he is an activist, said Simon N.M. Young, director for the Center of Comparative and Public Law at the University of Hong Kong, “this will be one of our first cases.”

Hong Kong also has an additional and unusual exception in its treaty that could provide a defense for Snowden, according to Douglas McNabb, a lawyer who specializes in international extradition cases. Hong Kong authorities can refuse the extradition of a suspect “if they believe it should be denied from a defense or foreign policy perspective,” McNabb said. “I have not seen that in any other treaty.” Public sentiment in support of Snowden has built in Hong Kong, and hundreds rallied in the streets Saturday.

Should a Hong Kong judge rule against Snowden, he could continue to appeal, all the way up to Hong Kong’s highest court, dragging the process out over many months. Bail is unlikely to be offered, so Snowden could be in jail at that point, possibly at the Lai Chi Kok maximum-
security facility in Kowloon, where conditions are harsh. “That will be added pressure on him for how long he wants to fight it out here,” Young said.

Aside from the courts, Snowden could plead for asylum, the route taken by WikiLeaks founder Julian Assange, who has been holed up for a year in the Ecuadoran Embassy in London.

Snowden, in an interview with the Guardian, floated the idea of asylum in Iceland, which has historically provided a haven for whistleblowers and never granted a U.S. extradition request.

Johannes Skulason, an Icelandic government official, told the Associated Press on Wednesday that WikiLeaks spokesman Kristinn Hrafnsson had held informal talks with assistants at the Interior Ministry and the prime minister’s office.

Skulason said Hrafnsson “presented his case that he was in contact with Snowden and wanted to see what the legal framework was like.”

But the United States could try to prevent Snowden from traveling by asking the International Criminal Police Organization, or Interpol, to put out a “red notice,” which is a bulletin for international fugitives and which alerts about 190 countries that there is an outstanding warrant for Snowden’s arrest.

Snowden could also apply for asylum in another country’s embassy in Hong Kong, as Assange did in London. Or he could make an asylum claim in Hong Kong after his travel visa expires in mid-August or if the U.S. government requests his surrender.

If he does apply for asylum, Snowden will be stumbling into a labyrinthine system criticized by human rights lawyers as dysfunctional and inefficient.

Hong Kong did not sign the United Nations’ 1951 Refugee Convention, and so the government has no obligation to process refu­gee claims. Instead, it relies mostly on the U.N. High Commissioner for Refugees’ office in Hong Kong, which is underderstaffed and has a backlog of asylum requests. In cases in which the applicants claim that they may be tortured if sent home, the Hong Kong government reviews the case. An estimated 5,000 claims are being processed by both the UNHCR and the Hong Kong government.

“We have asylum seekers who have been in Hong Kong for years,” Young said.

Because the UNHCR and the Hong Kong government evaluate claims, Snowden could seek to have his asylum case reviewed by both. Complicating the picture are two recent court cases mandating that Hong Kong consolidate its refu­gee system and establish a new process.

“I think Mr. Snowden is much wiser from a legal perspective than many people initially gave him credit for,” McNabb said. “I think he’s thought about this for a long time.””

————————————————————–

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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


“Doreen Alexander Extradited to the United States to Face Kidnapping Charges”

April 3, 2013

The Federal Bureau of Investigation (FBI) on April 2, 2013 released the following story:

“WASHINGTON— Doreen Alexander has been extradited to the United States from Trinidad and Tobago to face charges related to her alleged role in the 2005 kidnapping of naturalized U.S. citizen Balram “Balo” Maharaj, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office.

Alexander, 47, arrived in the United States on Sunday, March 31, 2013, and was arraigned yesterday before U.S. Magistrate Judge Deborah A. Robinson in the District of Columbia. Alexander was charged in a two-count indictment filed in September 2010. If convicted, Alexander faces a maximum penalty of life in prison. She is presumed innocent until proven guilty beyond a reasonable doubt.

Alexander is the last charged co-conspirator involved in the alleged kidnapping of Maharaj, Alexander’s former boyfriend and father to one of her sons who died as a result of the kidnapping. The other 12 co-conspirators were previously extradited and prosecuted by the U.S. Attorney’s Office for the District of Columbia.

Alexander is alleged to have initiated the April 2005 kidnapping of Maharaj and provided information that allowed the kidnappers to identify, locate, and track Maharaj. Alexander allegedly alerted the kidnappers to Maharaj’s visits to Trinidad and Tobago; gave them information on his wealth, which was used to calculate the ransom; and reassured the kidnappers that they had the right man after the ransom negotiations went awry.

Valuable assistance was provided by the Criminal Division’s Office of International Affairs, which worked with its counterparts in Trinidad and Tobago to effect the extradition. The U.S. Attorney’s Office for the District of Columbia has also provided significant assistance in this case.

The case was investigated by the FBI’s Miami Division Extraterritorial Squad with the assistance of the FBI’s Legal Attache’s Office in Port of Spain, Trinidad and Tobago. Special assistance was further provided by the Trinidad and Tobago Police Service Anti-Kidnapping Squad and Homicide Bureau.

The case is being prosecuted by Trial Attorneys Matthew Singer and Teresa Wallbaum of the Criminal Division’s Human Rights and Special Prosecutions Section.”

————————————————————–

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 Trinidad and Tobago 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:


Mastros will fight extradition

October 26, 2012

The Seattle Times on October 26, 2012 released the following updated story:

“Former fugitives Michael R. and Linda Mastro have hired a French lawyer and intend to fight extradition to the U.S., their Seattle attorney said Thursday.

Bankruptcy fraud — the principal crime with which the former Seattle couple have been charged — may not be an offense subject to extradition under French law, James Frush said.

The Mastros, fugitives for 16 months, were arrested by French police at the request of the FBI shortly before 3 a.m. Seattle time Wednesday in a town on Lake Annecy, in the French Alps.

They appeared before a French judge Thursday and were ordered to remain in jail pending further proceedings, Frush said. Their next court appearance probably will be in about two weeks, he added.

Meanwhile, a federal grand jury in Seattle indicted the Mastros Thursday on 43 counts of bankruptcy fraud and money laundering — 37 more counts than they had been charged with previously in a criminal complaint issued in August 2011 that was the basis for their arrests.

Frush said the Mastros had been living in the Lake Annecy area for about a year. Le Dauphiné Libéré, a French newspaper, reported the Mastros had been renting a house under their own names in Doussard, on Lake Annecy.

The Mastros disappeared in June 2011 after failing to comply with a bankruptcy judge’s order that they turn over two giant diamond rings valued at $1.4 million. The judge later ruled the rings belonged to Michael Mastro’s creditors.

Mastro, 87, a longtime Seattle real-estate developer and lender, was pushed into one of Washington’s largest bankruptcies ever in 2009 after the recession undermined his real-estate empire.

His debts to unsecured creditors have been estimated at $250 million.

The new grand-jury indictment — product of a federal investigation that began nearly three years ago — charges that Mastro, anticipating bankruptcy, engaged in a series of illegal transactions aimed at putting several valuable assets off-limits to creditors.

Those assets included the rings and the Mastros’ Medina waterfront mansion, purchased for $15 million in 2006. A bankruptcy judge has since ruled the house, like the rings, rightfully belongs to creditors, and it has been sold.

The rings’ whereabouts still are unknown.

The Mastros also failed to disclose to court officials a bank account they used to make more than $761,000 in personal purchases after Mastro entered bankruptcy, the indictment says.

Those purchases included $107,000 in gold coins.

The indictment also alleges the Mastros made false statements about the assets under oath or penalty of perjury on numerous occasions.

Most of the information in the charges was developed by James Rigby, the court-appointed trustee charged with finding and liquidating Mastro’s assets and distributing them to creditors.

Frush said he doubts prosecutors can prove the Mastros engaged in an intentional scheme to defraud.

“Basically, they’re trying to criminalize activities that frequently occur in bankruptcy cases,” he said.

Federal officials said the Mastros flouted the law.

“The allegations against the Mastros are serious, and the FBI is committed to ensuring that they face those charges,” Steven Dean, assistant special agent in charge in the FBI’s Seattle office, said in a prepared statement.

Before the Mastros can be tried, however, they must be returned from France. And that may not be easy, or quick.

Bankruptcy fraud appears to be an offense subject to extradition under the treaty between the U.S. and France, said Douglas McNabb, an extradition attorney in Washington, D.C.

But if the Mastros exercise all their appeals, it could take a year or two before they are sent home, he added.

The treaty says people can be extradited if they are charged with crimes punishable by at least a year in prison in both countries. Bankruptcy fraud carries such a sentence in the U.S., McNabb said, but he’s not certain if it does in France.

When word of the Mastros’ arrest broke Wednesday, Joe and Gayle Colello, of Seattle, opened a good bottle of white wine that night and toasted the news.

They were among about 200 individual “Friends & Family” investors in Mastro’s ventures, loaning the real-estate magnate a total of about $100 million in return for pledges of above-market interest payments.

Most of that investment has disappeared. Investors have gotten back about a penny on the dollar so far, and Rigby has said they probably won’t get much more.

“I’m glad they got him,” Joe Colello said of Mastro Thursday.

“He’s really caused tremendous hardship to a lot of families. He’s a man without a conscience.””

————————————————————–

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 France 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:


U.S. Loses Bid to Limit Disclosure in Dotcom Extradition

August 20, 2012

Bloomberg Business Week on August 16, 2012 released the following:

By Joe Schneider

“The U.S. lost a bid to limit the amount of information it must turn over to Megaupload.com founder Kim Dotcom, accused of orchestrating the biggest copyright infringement in the country’s history, in his fight against extradition from New Zealand.

New Zealand High Court Justice Helen Winkelmann today rejected a U.S. request to review a district court judge’s order to turn over evidence relating to Dotcom’s indictment, including all records obtained in connection with covert operations undertaken by agents involved in the investigation.

“The NZ High Court ruling in @KimDotcom case citing Bill of Rights protects Kim’s rights and the rights of all New Zealand residents,” Ira Rothken, a lawyer for Dotcom, wrote on Twitter following the ruling.

Dotcom, 38, was indicted in what U.S. prosecutors dubbed a “Mega Conspiracy,” accusing his file-sharing website of generating more than $175 million in criminal proceeds from the exchange of pirated film, music, book and software files. He faces as long as 20 years in prison for each of the racketeering and money-laundering charges in the indictment, with the U.S. seeking his extradition for a trial in Virginia.

The amount of documentation ordered to be turned over to Dotcom was unprecedented in the country or anywhere else for extradition cases, the U.S. had said.

“Disclosure in relation to extradition cases is extremely limited,” prosecutors had said, according to a summary of the arguments written by Winkelmann.

Extradition hearings are “essentially criminal in character” and the accused must be assured a fair hearing, according to New Zealand’s Bill of Rights, Winkelmann wrote.

“The more significant the rights affected, the more stringent the procedural rules designed to maintain the fairness of the process are likely to be,” the judge wrote.

The case is between United States of America and Kim Dotcom. Civ 2012-404-3026. High Court of New Zealand (Auckland).”

————————————————————–

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?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Suspected Mexican drug ‘queen’ extradited to U.S.

August 10, 2012
Sandra Avila Beltran
“Sandra Avila Beltran, also known as the “Queen of the Pacific.””

CNN on August 10, 2012 released the following:

“By the CNN Wire Staff

Mexico City (CNN) — One of the most high-profile women accused of connections with Mexico’s drug trade was extradited to the United States Thursday, officials said.

Mexican police handed over Sandra Avila Beltran, known as “The Queen of the Pacific,” to U.S. marshals at an airport in central Mexico Thursday morning, Mexico’s Attorney General’s Office said in a statement.

She will face cocaine trafficking charges in a federal court in Florida, prosecutors said.

Avila was once a key drug trafficking link between Colombia and Mexico, prosecutors have said. She was arrested in Mexico City on September 28, 2007, smiling before cameras as authorities trumpeted her detention.

Since then, her life has been the subject of a best-selling book and a popular ballad.

“The more beautiful the rose, the sharper the thorns,” says one line in “The Queen of Queens,” Los Tigres del Norte’s song describing Avila.

Her eye-catching nickname has regularly made headlines as Mexico’s case against her made its way through the nation’s courts.

A judge convicted her on money laundering charges, but ruled that Mexican prosecutors didn’t provide enough evidence to convict her of drug trafficking.

In 2011, authorities in Mexico City said they were investigating a tip that prison medical personnel had allowed a doctor to give Avila a Botox injection.

Avila denied that accusation, Mexico’s state-run Notimex news agency reported.

For more than two years, Avila has tried to block a U.S. extradition request. A Mexican judge ruled that she could be extradited in June.

A 2008 U.S. Congressional Research Service report described Avila as “a senior member of the Sinaloa cartel who was instrumental” in building ties with Colombian traffickers.

According to the U.S. Drug Enforcement Administration, Avila was suspected of conspiring to smuggle cocaine into the United States along with Juan Diego Espinosa, a Colombian national who was also known as “The Tiger.”

The DEA said that in November 2001, Espinosa, Avila and others “allegedly arranged the shipment of cocaine from Colombia to the United States by ship.” The ship, loaded with 9,291 kilograms of cocaine, was boarded by U.S. agents near Manzanillo, on Mexico’s Pacific coast.

U.S. authorities extradited Espinosa from Mexico in 2008. A judge sentenced him to six years in prison after he pleaded guilty to a cocaine distribution conspiracy charge in 2009. A court document signed as part of the plea agreement said that he and Avila had taken part in a deal to distribute 100 kilograms of cocaine in Chicago.

In the United States, Avila faces a maximum sentence of life in prison if she is convicted of charges of conspiracy to import and sell cocaine, according to a 2004 indictment filed in U.S. district court.

In a 2009 interview with Anderson Cooper that aired on “60 Minutes” and CNN, Avila denied the charges against her, and blamed Mexico’s government for allowing drug trafficking to flourish.

“In Mexico there’s a lot of corruption, A lot. Large shipments of drugs can come into the Mexican ports or airports without the authorities knowing about it. It’s obvious and logical. The government has to be involved in everything that is corrupt,” she said.”

————————————————————–

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:

           Office Locations

Email:


Longtime American Fugitive Is Arrested Selling Time Shares at Airport in Mexico

July 16, 2012

The New York Times on July 15, 2012 released the following:

“By MICHAEL SCHWIRTZ

When he fled the United States over two decades ago, Vincent Legrend Walters was considered a violent drug dealer, accused of killing a woman in a botched kidnapping before vanishing, presumably with a small fortune.

But when agents from the United States Marshals Service last week tracked down Mr. Walters, who was on their list of the 15 most wanted fugitives, they were surprised to find him in a more sedate career: selling time shares to tourists in the Mexican resort town of Cancún.

“We were under the impression that he left with a good amount of money and thought he would have stayed in the illegal drug trade,” Steve Jurman, a spokesman for the Marshals Service, said by telephone on Sunday. “Now it appears that he had to work for a living.”

At the behest of the Marshals Service, Mexican police officials took Mr. Walters, 45, into custody on Friday after a fingerprint analysis determined that he was the man federal agents had been seeking since September 1988. He was arrested at his workplace at Cancún International Airport.

It was an ignominious ending for Mr. Walters, who seemed to have an uncanny ability to elude detection even in plain sight. Only fugitives whose cases are under heightened scrutiny appear on the Marshals Service’s most wanted list, and Mr. Walters holds the record for being on the list longer than anyone else, Mr. Jurman said.

Mr. Walters, who was born in Mexico but grew up in California, was living in the San Diego area when he became mired in a dispute with other drug dealers over a cache of methamphetamine, according to the Marshals Service.

He had already appeared on the Drug Enforcement Administration’s radar, the Marshals Service said in a statement, for reportedly buying $20,000 worth of chemicals to make methamphetamine and then, unbeknown to him, entering into negotiations with undercover agents for more supplies.

The year was 1988. An associate of Mr. Walters, fearing arrest, gave his supply of finished methamphetamine to another dealer, who then passed it on to someone else.

Mr. Walters, though, wanted the drugs back, the statement said.

The Marshals Service said Mr. Walters kidnapped the dealer who initially passed on the drugs, a friend of the dealer and the friend’s girlfriend, a woman named Christina Reyes, and he offered to exchange them for the drugs, which were being held by a man named Jay Bareno.

Mr. Bareno agreed to the exchange and returned the drugs, the statement said. The two men were released, but Ms. Reyes died after she was gagged with a rag soaked in chemicals.

Mr. Walters disappeared after the episode.

It is unclear how he was able to escape, especially since he was already under surveillance.

His brother, Martin Walters, was arrested almost immediately and was eventually convicted of participating in the kidnapping. He was sentenced to 25 years to life in prison.

In July 1989, a federal grand jury indicted Vincent Walters on conspiracy to manufacture, possess and distribute crystal methamphetamine, carrying firearms during a drug trafficking crime and possession of unregistered firearms and explosives.

His mother, Martha Walters, and her sister, Carmen Elenes-Fonseca, were sentenced to 37 months in prison in 1990 for trying to hire a hit man to kill two witnesses in the case against the Walters brothers, according to The San Diego Evening Tribune.

Information detailing how the authorities were able to track down Mr. Walters remains classified, said Mr. Jurman, the Marshals Service spokesman. He said investigators were working to piece together the last 24 years of Mr. Walters’s life, trying to determine, for instance, whether he was ever again involved in the drug trade.

The Marshals Service said in its statement that Mr. Walters had bragged to others that he was a wanted fugitive in the United States. The authorities said he was living under the name Oscar Rivera and working out of a stall in the Cancún airport. A spokesperson for the airport could not be reached for comment.

The authorities in Mexico have transferred Mr. Walters to Mexico City, where he will undergo extradition procedures that are required because he is a Mexican citizen.

Given the horrendous violence associated with the Mexican drug trade these days and the seemingly intractable war with trafficking organizations, Mr. Walters’s crimes seem like a throwback to a bygone era. Nevertheless, federal authorities described his arrest as a victory.

“The U.S. Marshals are thrilled with the capture of this violent fugitive,” Steven Stafford, federal marshal for the Southern District of California, said in a statement. “This is a prime example of the sheer determination and persistence we have when tracking down a wanted criminal.””

————————————————————–

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:

           Office Locations

Email:


Former Policeman Mark Russell is Extradited to Jamaica from the United States To Face a Murder Charge

June 18, 2012

The Gleaner on June 17, 2012 released the following:

“Ex-Cop Extradited! – Jamaica Foots The Bill As US Sends Policeman Back To Island To Face Murder Trial

In a historic move last Friday, a former cop – Mark Russell – was finally extradited from the United States (US) to face a murder charge in Jamaica.

Russell was quietly escorted back to the island last Friday afternoon by two members of the local police force almost five years after the July 2007 murder of 18-year-old Ravin Thompson and three years after Director of Public Prosecutions (DPP) Paula Llewellyn ruled that he and another former policeman, Morris Lee, were to be charged with the killing of the teenager.

Both men reportedly fled the country before the DPP ruled on the killing.

“It is historic!” Llewellyn said of the return of the former cop.

“(Or) let us put it this way, I can understand if some persons would characterise it as historic,” said Llewellyn, as she told The Sunday Gleaner that she could not recall another case involving a person being extradited from the US to Jamaica to face criminal proceedings.

“I’ve been a prosecutor at the office for the last maybe 26 years … . I certainly would have to say that I have never seen before a former police officer who was on the run being extradited back to Jamaica … ,” said Llewellyn.

“I am aware that he has been extradited to Jamaica. So the next step is that we don our Office of the DPP hat pursuant to section 94 of the Constitution and we proffer a voluntary bill of indictment charging him for murder.”

Llewellyn lauded deputy DPP Jeremy Taylor, head of the extradition unit, and other members of team for their contribution to the case. She also heaped praises on her counterparts in the US.

“I would also have to register my appreciation to our international partners at the justice department who we have always had an excellent working relationship with … and this is just another example as far as we are concerned of the product of that excellent working relationship … and long may it continue,” said Llewellyn.

The DPP explained that the Jamaican Government had to pay for Russell’s flight back to the island because in extradition matters the requesting State is required to foot the cost of repatriating the accused to its country.

“My information is that arrangements were made for law enforcement officers, I think two, to travel to the United States to pick him up and carry him back here,” she revealed.

Early last month, a court in the US threw out an appeal by the fugitive ex-member of the constabulary force, paving the way for his extradition.

The former constable was ordered extradited by a judge in New York last September.

Russell filed an appeal claiming that Jamaican prosecutors had mishandled the evidence relating to his extradition and that he could not get a fair trial here.

But, a US district judge dismissed the appeal and ruled that he should be sent to Jamaica to face the music.

Conflicting accounts

Thompson was killed in what the police said then was a shoot-out with gunmen. But relatives and others who claimed to have witnessed the incident disputed the report saying the teen was murdered by members of a joint police-military team that was on patrol in Whitfield Town, St Andrew.

Local commentators have often lambasted the extradition relations between the US and Jamaica, charging that it is lopsided as no one has ever been extradited from Jamaica’s neighbour up north to face criminal proceedings here.

Llewellyn told our news team that it was one of the regular consultations that her office has with its international partners that resulted in the initiating of the extradition proceedings that culminated on Friday.

“We usually do consultations – formal and informal – from time to time with our international partners at the US Depart-ment of Justice, and when the name came up we checked our files and discovered that it was the same Mark Russell who we had ruled on and that he had fled the jurisdiction,” she said.”

————————————————————–

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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: