Marina Talashkova to remain in custody in Canada until her actual extradition hearing date

April 18, 2012

The Voice of Russia on April 17, 2012 released the following:

Liudmila Chernova

“Marina Talashkova to stay in Canada until her extradition

Russian flight attendant Marina Talashkova will remain in custody in Canada until her actual extradition hearing date set by Canadian Ministry of Justice.

Senior Consul of the Russian Consulate in Toronto Igor Kiikov said the next hearing would take place in several weeks.

Kiykov: “The next hearing date is set for May 24. During that hearing the detailed examination of all or part of the charges will be made in a narrow aspect. And it will be decided if the evidence and charges are serious enough, and if they are considered to be a crime according to the Canadian law, as if a similar crime was committed in Canada.”

Talashkova’s Toronto lawyer Tyler Hodgson said that before the third scheduled court appearance the Canadian authorities had provided the defense with the American statement of the case.

Hodgson: “The Americans as they are required due to the extradition act have provided certification from the prosecuting authorities that they have evidence available to call in relation to the offenses for what they seek to extradite her.”

Hodgson added that Canadian justice officials agreed to continue with judicial proceedings.

Hodgson: “The authorizations proceed from the Canadian Ministry of justice on extradition hearing relating to one count of fraud and one count of possession of stolen property.”

Talashkova is accused of an alleged involvement in a multi-dollar Internet fraud case that occurred in America.

A Federal Grand Jury indicted six foreign nationals, three of whom are Russian, on charges of defrauding American car buyers through well-known websites, such as eBay Motors, Auto Trader, Yahoo Auto, Edmunds.com and Craigslist. According to the indictment, for 3 ½ years the members of the conspiracy allegedly offered vehicles for sales on various legitimate websites, and after a price was negotiated, the defendants allegedly sent fraudulent invoices. The collected money was siphoned from escrow accounts to Europe.

Hodgson noted that according to the indictment, Talashkova withdrew money from various bank accounts in Nevada that she opened in her own name. The deposits were made people attempting to purchase vehicles, but vehicles were never provided.

Hodgson: “What I would point out is that there is no allegation that Marina opened any bank accounts using second identification or passports, which is alleged for the other members of the conspiracy. And her involvement is limited essentially to a one week period in July of 2007. So I think even on the documents that American authorities have provided, her involvement is quite limited.”

Kiikov said that Talashkova had already received her case file.

Kiikov: “She does not speak English well enough, and we will demand to provide her with the certified translation of these materials.”

On its behalf, Russia raised concerns over Talashkova’s case as the Americans failed to use the 1999 Mutual Legal Assistance Treaty, advising direct assistance between Russia and America and not the third party.

Hodgson: “I think that certainly will become a live issue in her extradition hearing.”

Talashkova was detained by the Canadian authorities on January 15 by the US request. The Russian General Consulate in Toronto was informed by Canadian authorities the same day. However Russia did not receive an official note from America. The stewardess has denied any involvement in illegal activities.

Hodgson stressed that the ignoring of obligation to use the treaty is Russia’s firm position, which is stated in the correspondence to the Canadian Department of Justice.

Hodgson: “The fact that they failed to do so and waited until she arrived in Canada isn’t a decent process. And that is certainly something that we’ll be advocating during the extradition hearing and ultimately it will be up to the judge to decide.”

Voice of Russia tried to reach the US Justice Ministry for comment, but received no answer.

Not many are familiar with the pitfalls of extradition procedure. Hodgson pointed that the test to extradite somebody differs from the test to prove a criminal conviction.

Hodgson: “In order for the Americans to convict Marina or anyone of the criminal offense, they have to prove it beyond the reasonable doubt. To extradite somebody is a much lower threshold test and essentially it is that the prosecuting authorities, in this case the United States, simply are able to provide some evidence of a criminal conduct and the judge that presides the extradition hearing is not really allowed to delve into the quality of the evidence and to assess whether a knowledge is credible. So, it is a much lower threshold.”

Talashkova is being held in Milton women’s prison in the Ontario province, 37 miles away from Toronto in a two-person prison cell.

Kiikov said that she doesn’t have any complaints on the conditions in jail.

Kiikov: “The representatives of Trans Air regularly visit Marina in jail. We have also been there to check the conditions of detention. Canadian jails are quite clean, so there are no complaints in this regard. The food is good there. She has an opportunity to take Russian books from the library given there by us, as they did not have any books in Russian there before. And they promised to buy her an English-Russian dictionary.”

Kiikov said the consulate continues to stay in contact with Talashkova, and assist with what is necessary.

Kiikov: “We work very closely with the lawyer. Her mother came to visit her and looked at the conditions in the jail. But there is no essential decision on her detention and extradition.”

Hodgson noted though Talashkova is upset and confused, she is trying to persevere.

Hodgson: “I think that she is strong and she is holding together as best as she can in these circumstances. I can tell you that her mother visited her from Russia around a month ago and I think that was certainly helpful.””

————————————————————–

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Canada here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


‘Balo’s wife facing extradition

April 18, 2012

Newsday on April 17, 2012 released the following:

After a year of hearings at the Port-of-Spain Magistrates’ Court, the former wife of murdered US war veteran Balram “Balo” Maharaj is facing extradition after Chief Magistrate Marcia Ayers-Caesar ruled yesterday that the State had sufficiently argued a prima facie case.

When the matter was called yesterday, Ayers-Caesar said that she was of the opinion that the State, which was represented by attorney Larry Lalla, had sufficiently established their case against 47-year-old Doreen Alexander, and as a result the accused would be facing extradition. Alexander, who had been indicted in the United States for Maharaj’s death by a grand jury at the US District Court for the District of Columbia, Washington, DC, was wanted for her alleged involvement in Maharaj’s kidnapping in 2005.

The three-count indictment alleges Alexander conspired with Anderson Straker and others to kidnap Dinesh Maharaj between the period January 1 and February 28, 2005, in order to compel a third party to pay a ransom. She is also accused of conspiring with others to kidnap Balram Maharaj during the same period, and aiding and abetting the seizure or detention of Balram Maharaj, in order to compel another person to pay a ransom between March 1 and April 15, resulting in his death.”

————————————————————–

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 Spain 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.


U.S. busts an alleged global online drug market, arrests eight

April 17, 2012

Chicago Tribune on April 16, 2012 released the following:

“Dan Whitcomb | Reuters

LOS ANGELES (Reuters) – Eight men charged with running an elaborate online narcotics market that sold drugs to 3,000 people in the United States and 34 other countries have been arrested following a two-year investigation dubbed “Operation Adam Bomb,” prosecutors said on Monday.

The secret ring known as “The Farmer’s Market” operated through the TOR computer network, which allows users to communicate anonymously, according to a federal grand jury indictment unsealed on Monday in Los Angeles.

The online drug market provided order forms and customer service, guaranteeing delivery in exchange for a commission and accepting payment through PayPal, Western Union and other means, the indictment charges.

Authorities said the defendants were accused of running one of the most sophisticated drug marketplaces on the Internet and said the prosecution represented a first of its kind.

“The drug trafficking organization targeted in Operation Adam Bomb was distributing dangerous and addictive drugs to every corner of the world, and trying to hide their activities through the use of advanced anonymizing on-line technology,” Briane Grey, U.S. Drug Enforcement Administration acting special agent in charge, said in a written release.

“Today’s action should send a clear message to organizations that are using technology to conduct criminal activity that the DEA and our law enforcement partners will track them down and bring them to justice,” Grey said.

Marc Willems, 42, who is accused of creating and running “The Farmer’s Market,” was taken into custody at his home in Lelystad, Netherlands, by Dutch authorities, U.S. Attorneys spokeswoman Gymeka Williams said.

Law enforcement officials in Bogota arrested 42-year-old Michael Evron, a U.S. citizen living in Argentina who allegedly oversaw technical and customer support for the online marketplace, as he was attempting to leave Colombia, Williams said.

Jonathan Colbeck, 51; Brian Colbeck, 47; Ryan Rawls, 31; Jonathan Dugan, 27; George Matzek, 20; and Charles Bigras, 37, were arrested at their respective homes in Iowa, Michigan, Georgia, New York, New Jersey and Florida.

All eight defendants were charged with federal drug trafficking and money laundering charges and prosecutors had filed extradition papers to return Willems and Evron back to the United States for trial, Williams said.

Each faces a maximum sentence of life in prison if convicted.

According to the 66-page indictment, “The Farmer’s Market” allowed independent sources to advertise illegal drugs – including LSD, ecstasy, fentanyl, mescaline ketamine, DMT and high-end marijuana – for sale to the public.

The deals were allegedly handled through the online marketplace, which processed more than 5,200 orders for controlled substances valued at more than $1 million between January 2007 and October 2009, the indictment charges.

The law enforcement operation was called “Adam Bomb” because the original name of the marketplace was Adamflowers, according to the indictment.

According to its website, TOR offers free software and an open network that allows users to defend against “network surveillance that threatens personal freedom and privacy.””

————————————————————–

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 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.


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.”

————————————————————–

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.


MegaUpload lawyer claims the feds are impeding its defense

March 29, 2012

CNet on March 28, 2012 released the following:

“MegaUpload wants access to its servers to defend against U.S. charges of piracy and racketeering. But its lawyer says officials won’t release $1 million necessary to get the information.

by Greg Sandoval

The U.S. government has refused to allow the MegaUpload defendants access to information on their servers, which in turn is impeding their ability to defend themselves, the company’s lawyer told CNET.

Ira Rothken, the U.S. attorney overseeing MegaUpload’s international defense team, said the U.S. has refused to release funds that would enable MegaUpload to preserve and gather materials from company servers vital to its defense. Rothken said that he fears U.S. officials are withholding the money in an attempt to unfairly hobble MegaUpload’s defense.

“It’s hard to reconcile the chain of events in this matter with any other conclusion,” Rothken said. “MegaUpload is frustrated and wants to preserve the data for litigation and to defend itself and ultimately — with the approval of the court — to provide consumers access to their data.”

In January, the U.S. issued an indictment against MegaUpload, founder Kim DotCom and six other managers of the cyberlocker service, where users could store e-files and then share the contents with others. MegaUpload’s leadership is accused of conspiring to commit Internet piracy, racketeering and wire fraud. DotCom’s home in Auckland was raided by New Zealand police, his assets seized and the service shut down.

The U.S. wants to try DotCom in this country and an extradition hearing is scheduled for August. Rothken said there is no criminal secondary copyright infringement in the United States and said MegaUpload will prevail.

The case is important because until now, copyright infringement was largely a civil, not a criminal matter. For the most part, the worst thing that could happen to a service accused of helping customers infringe intellectual property was that someone might sue it.

Not any more.

U.S. officials seem intent on making some types of copyright infringement a criminal offense. U.S. authorities say MegaUpload was responsible for $500 million in damages to copyright owners, and the feds appear to have dedicated some serious resources to prosecuting the company. To defend itself against the U.S. government, MegaUpload will need all the material to which it is entitled, said Rothken.

As the extradition hearing nears, company lawyers say they’re unable to collect emails, files and other documents they claim will refute the allegations against MegaUpload. The company’s servers are hosted by Virginia-based Carpathia Hosting. The government initially locked the servers up while its agents collected evidence, but in January released all claims to them.

MegaUpload believed it would then be able to copy information from the servers itself. Rothken said he attempted to hire an electronic-discovery expert from KPMG to collect the data, but found that the cost would exceed $7 million. U.S. officials declined to release funds from MegaUpload’s seized assets to pay for the operation, the lawyer said.

Rothken then negotiated a deal with Carpathia to buy the servers for a little over $1 million, but he says the government again refused to release the money. Rothken said that the servers were worth more than the $1 million and that after the case was over their sale would bring the cost of the transaction to zero.

Rothken said he also told the government that he would restrict access to the data to only lawyers involved in the case. Still, the government wouldn’t budge.

A spokesman for the U.S. Attorney for the Eastern District of Virginia, where the MegaUpload indictment was issued, suggested in an e-mail that the office didn’t consider Rothken’s requests reasonable.

“As we’ve stated previously,” the spokesman wrote, “we continue to give careful and thoughtful consideration to any reasonable and detailed proposal by MegaUpload’s counsel that addresses the practical and technical issues of this matter for the court. Ultimately, it is the court that will decide what is appropriate and whether any funds will be released to carry it out.”

A hearing on the issue of what will be done with the MegaUpload’s data is expected in mid-April. Carpathia has said the cost of maintaining the servers has topped $500,000 and pleaded with the court to either allow the company to delete the information or to figure out a way to pay for the data storage.

The Motion Picture Association of America (MPAA) has said that it wants to preserve the data so that it can use it as evidence should it decide to file civil litigation. The Electronic Frontier Foundation wants the material saved so that legal files stored on the service can be returned to consumers at the earliest possible 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

————————————————————–

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 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.


Megaupload founder faces lengthy extradition battle

January 25, 2012

Thomson Reuters on January 25, 2012 released the following:

Reporting by Gyles Beckford and Rebecca Hamilton

“Jan 25 (Reuters) – Efforts by the United States to extradite the mastermind of an alleged Internet piracy scheme from New Zealand to face copyright infringement and money laundering charges are likely to be long and complex.

Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until Feb. 22 ahead of a hearing of a U.S. extradition application.

U.S. authorities claim Dotcom’s file-sharing site, Megaupload.com, has netted $175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom’s lawyers say the company simply offered online storage and that he will fight extradition.

“It could take some considerable time to get through the whole thing,” said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.

Dotcom, 38, and three others, were arrested on Friday after a police raid at his rented country estate, reputedly New Zealand’s most expensive home, at the request of the U.S. Federal Bureau of Investigation.

Under New Zealand’s extradition law the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.

“What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offence had occurred in New Zealand,” Illingworth said.

“If the evidence doesn’t make out, what under New Zealand law amounts to a prima facie case, then the person walks away.”

A 1970 extradition treaty between the United States and New Zealand gives the U.S. 45 days from the time of Dotcom’s arrest to request extradition. The New Zealand Extradition Act, passed in 1999, gives the United States preferential status to access a streamlined process for making its request.

The judge who refused Dotcom bail said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.

“All I can say is that there appears to be an arguable defense, at least in respect of the breach of copyright charges,” Judge David McNaughton wrote in his judgement.

CIVIL MATTER

Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum 5-year jail term for serious breaches.

Rick Shea, a partner at Lowndes Jordan in Auckland, said there were some differences between New Zealand and U.S. copyright law, in terms of knowledge, that could be an issue.

Douglas McNabb, a U.S. lawyer who specializes in extradition defense, said extraditions to the United States have to meet probable cause – the same standard that is required for making arrests in the United States.

Although the extradition hearing is not a test of guilt or innocence, McNabb said Dotcom’s lawyers may argue they should be allowed a limited discovery process to show that probable cause has not been met.

Prime Minister John Key said the issues raised were serious and New Zealand would co-operate with the U.S. authorities.

“This is the largest, most significant case in Internet piracy so New Zealand is certainly going to work with the United States authorities to allow them to extradite Kim Dotcom,” he said on TV3.

According to Shea, New Zealand has never had an extradition proceeding involving copyright law. “I wouldn’t expect this to be sorted out quickly,” he said.

AGGRESSIVE CHARGES

Anthony Falzone, Director for Copyright and Fair Use at Stanford Law School’s Center for Internet and Society, said it was too early to comment on the strength of the case, but questioned whether some of the allegations in the indictment would actually push Megaupload outside the safe harbor provisions of the Digital Millennium Copyright Act.

The indictment “pushes some pretty aggressive theories”, Falzone said.

The most recent Supreme Court case to deal with similar issues was in 2005. In MGM v. Grokster, the U.S. court highlighted the importance of intent in determining if an Internet firm was liable for its users infringing copyright.

“A lot of the Megaupload case may also rise and fall on the question of intent,” said Falzone.

With MGM, the court found the intent of the Internet company from the beginning was to build a tool to facilitate illegal sharing.

“Maybe that’s what the Feds (FBI) think they have here, too,” said Falzone.

The case is USA v. Kim DotCom et al, U.S. District Court, Eastern District of Virginia, no. 1:12CR3.”

————————————————————–

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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Defendant Charged with Alleged Participation in the Murder of ICE Special Agent Jaime Zapata and the Attempted Murder of ICE Special Agent Victor Avila is Extradited from Mexico to the United States

December 21, 2011

The Federal Bureau of Investigation (FBI) on December 21, 2011 released the following:

“WASHINGTON— Julian Zapata Espinoza, also known as “Piolin,” has been extradited from Mexico to the United States to face charges for his alleged participation in the murder of U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila on Feb. 15, 2011, in Mexico.

The charges and extradition were announced today by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Ronald C. Machen Jr. for the District of Columbia; Kevin Perkins, Assistant Director for the FBI Criminal Investigative Division; and ICE Director John Morton.

On April 19, 2011, a federal grand jury in the District of Columbia returned a four-count indictment against Zapata Espinoza, charging him with one count of murder of an officer or employee of the United States, for the murder of ICE Special Agent Zapata; one count of attempted murder of an officer or employee of the United States and one count of attempted murder of an internationally protected person, both for the attempted murder of ICE Special Agent Avila; and one count of using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence causing death.

“Julian Zapata Espinoza (“Piolin”) allegedly participated in the murder of ICE Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila,” said Assistant Attorney General Breuer. “The indictment unsealed today, and the successful extradition of Piolin to the United States, reflect the Justice Department’s vigorous and determined efforts to seek justice for Agents Zapata and Avila. We will continue to work closely with our law enforcement partners in Mexico to hold violent criminals accountable.”

“This prosecution exemplifies our unwavering effort to prosecute those who committed this heinous offense against U.S. law enforcement agents,” said U.S. Attorney Machen. “We will not rest until those responsible for the murder of Agent Zapata and the wounding of Agent Avila are brought to justice.”

“The extradition of Julian Zapata Espinoza to face charges in the U.S. is a significant development in the ongoing investigation into the murder of Special Agent Jaime Zapata and attack on Special Agent Victor Avila,” said Kevin Perkins, Assistant Director for the FBI Criminal Investigative Division. “This extradition would not have been possible without the dedicated efforts of all involved in this case. The FBI, DHS and the Department of Justice will continue its pursuit of justice for the Zapata family.”

“The extradition and charges filed against Zapata Espinoza is an important step in bringing Jaime and Victor’s alleged shooters to justice,” said ICE Director Morton. “All of us at ICE are encouraged by today’s action and appreciate the unwavering work and support of all our law enforcement partners in this case. Our hearts and prayers continue to go out to Jaime’s family and his close colleagues within the ICE community. ICE will continue to see that Jaime and Victor’s work is done by continuing our efforts with all involved in working on this case.”

The indictment was unsealed today, when Zapata Espinoza made his initial appearance before U.S. District Chief Judge Royce Lamberth of the District of Columbia. Zapata Espinoza was ordered detained without bail. His next appearance in court is scheduled for Jan. 25, 2012.

The case is being investigated by the FBI, with substantial assistance from ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the U.S. Customs and Border Patrol, the Diplomatic Security Service and the U.S. Marshals Service. The investigation was also coordinated with the assistance of the Government of Mexico.

The case is being prosecuted by the Organized Crime and Gang Section and the Narcotic and Dangerous Drugs Section of the Justice Department’s Criminal Division and the U.S. Attorney’s Office for the District of Columbia. The Office of International Affairs of the Justice Department’s Criminal Division provided substantial assistance.

An indictment is a formal charging document and defendants are presumed innocent until proven guilty.”

————————————————————–

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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Suspected killer of U.S. Border agent extradited from Mexico

October 17, 2011

Examiner on October 17, 2011 released the following:

“Jim Kouri, Law Enforcement Examiner

Marcos Rodríguez-Perez, one of five individuals charged with being involved in the 2009 murder of Border Patrol Agent Robert W. Rosas, Jr., was arraigned Friday in federal court in San Diego, California.

Rodríguez-Perez was arrested by Mexican authorities on April 11, 2011, in Tijuana, Baja California, Mexico and was extradited from Mexico on October 13, 2011, escorted by special agents of the Federal Bureau of Investigation and Immigration and Customs Enforcement’s Homeland Security Investigations.

The extradition of Rodríguez-Perez leaves only one suspect involved in the murder of Agent Rosas at large.
According to court documents, Agent Rosas was shot and killed on July 23, 2009, while he was on a routine patrol near Campo, California. José Juan Chacón-Morales, José Luis Ramirez-Dorantes, Marcos Rodríguez-Perez, Emilio Samyn Gonzales-Arenazas, and Christian Daniel Castro-Alvarez are accused in separate charging documents with traveling in Mexico to the United States-Mexico international border near Campo, California on July 23, 2009.

The indictments charge that Rodríguez-Perez, Gonzales-Arenazas, and Castro-Alvarez illegally entered the United States with firearms for the purpose of robbing a Border Patrol agent of government property. Chacón-Morales and Ramirez-Dorantes remained in Mexico to act as armed lookouts.

While Agent Rosas was engaged in the performance of his duties, Rodríguez-Perez, Gonzales- Arenazas, and Castro-Alvarez lured Agent Rosas out of his vehicle for the purpose of robbing him. It is alleged that during the course of the robbery, Agent Rosas was shot multiple times by Rodríguez-Perez, Gonzales-Arenazas, and Castro-Alvarez before they fled to Mexico with his gear bag, handcuffs, firearm, and night vision goggles.

On November 20, 2009, Castro-Alvarez waived indictment and entered a guilty plea, pursuant to a plea agreement, to murder of a federal officer committed in perpetration of a robbery. On April 29, 2010, Castro-Alvarez was sentenced to serve 40 years in federal prison.

Subsequently, Chacón-Morales, Ramirez-Dorantes, Rodríguez-Perez, and Gonzales-Arenazas each were indicted for conspiracy (robbery of personal property of U.S. and unlawful confinement of a federal officer), robbery of personal property of the United States, unlawful confinement of a federal officer resulting in death, murder of a federal officer committed in perpetration of a robbery and unlawful confinement, use and carrying of a firearm during the commission of a crime of violence.

On June 11, 2010, Ramirez-Dorantes was arrested by Mexican authorities pursuant to a provisional arrest warrant submitted to Mexico by the United States. He was subsequently extradited to the United States on December 9, 2010. A trial date of December 6, 2011 is set for Ramirez-Dorantes.

Gonzales-Arenazas was arrested by Mexican authorities pursuant to a provisional arrest warrant on October 8, 2010. He was subsequently extradited to the United States on March 16, 2011. On July 25, 2011, he pled guilty to the murder of Agent Rosas, and a sentencing hearing is scheduled for January 19, 2012 before United States District Court Judge M. James Lorenz.

The Federal Bureau of Investigation (“FBI”) and Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE-HSI”) are jointly investigating Agent Rosas’ murder.

José Juan Chacón-Morales remains at large, and FBI and ICE-HSI are requesting assistance from the public in finding his whereabouts.”

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Miguel Angel Nevarez, Accused Killer of U.S. Consulate and Others, Extradited to U.S. For Trial

August 30, 2011

The Las Crucues Sun-News on August 29, 2011 released the following:

“LAS CRUCES – One of the accused killers in the murders of a U.S. consulate employee, her husband and another man in Juárez has been extradited to the United States to stand trial, the Justice Department announced.

Miguel Angel Nevarez was among 10 alleged members and associates of a Southwest border gang indicted in the slayings of consulate employee Leslie Ann Enriquez Catton and her husband, Arthur H. Redelfs. They were killed on March 13, 2010, when gunmen opened fire on their sport utility vehicle after they left a birthday party.

Jorge Alberto Salcido Ceniceros, the husband of a Mexican employee of the consulate, also was killed by gunmen after leaving the same event in a separate vehicle.

Nevarez, 30, was charged with conspiracy, murder in aid of racketeering and federal firearm charges in the killings of the three. Nevarez arrived in the United States on Thursday and made his initial appearance Friday before a federal magistrate judge in El Paso. He had been in the custody of Mexican authorities pending extradition since his arrest on Oct. 30, 2010.

A grand jury indictment unsealed in March in El Paso charged 10 defendants in the killings along with 25 other people – saying all 35 were linked to the Barrio Azteca gang. All but four of the 35 are in custody in the United States or Mexico and all including Nevarez are charged with conspiracy to commit racketeering, drug distribution, drug importation and money laundering.

The indictment did not supply a motive for the killings – which U.S. Attorney General Eric Holder said in March were so brutal that the motive was almost irrelevant.

At the time, FBI Executive Assistant Director Shawn Henry said the case was an important step in dismantling one of the most violent gangs along the Southwest border.

U.S. law enforcement officials said that to increase its power, Barrio Azteca formed an alliance with the Vicente Carrillo Fuentes drug trafficking organization in Mexico and conducted enforcement operations against VCF rivals.”

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Bookmark and Share


Aleksander Efrosman Extradited from Poland Following Joint Investigation by the United States, Panama, Austria, Czech Republic, and Poland

August 8, 2011

The Federal Bureau of Investigation (FBI) on August 8, 2011 released the following:

“Aleksander Efrosman, a U.S. citizen who had been living in Krakow, Poland, was extradited to the United States Friday evening to face mail fraud, wire fraud, and money laundering charges contained in an indictment returned by a federal grand jury in Brooklyn on February 16, 2006.[1] Efrosman was arraigned on Saturday morning before United States Magistrate Judge Andrew L. Carter at the U.S. Courthouse in Brooklyn, New York, and ordered detained. The defendant’s initial appearance before United States District Court Judge Nicholas G. Garaufis is scheduled for Wednesday, August 10, 2011, at 10:00 a.m.

The indictment and extradition were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Ronald J. Verrochio, U.S. Postal Inspector in Charge, New York Division.

As alleged in the indictment and a detention letter filed by the government, from January 2004 through June 2005, Efrosman defrauded investors by soliciting investments purportedly for the purpose of trading in the stock market and the foreign currency exchange (“forex”) market. Efrosman falsely told investors that he had a history of profitable trading and that the investments would be protected by a “stop-loss” mechanism which ensured that no trade lost more than 3 percent. Based on these misrepresentations, Efrosman received over $5 million from more than 100 investors. Efrosman did not invest the funds as promised, but instead used the funds for his personal benefit, including gambling over $3 million at the Foxwoods Casino.

As detailed in the government’s filings with the court, in 2005, Efrosman fled the United States with millions of dollars of investors’ funds, first traveling to Cozumel, Mexico, then to Panama and ultimately to Poland, assuming the identity of “Mikhail Grosman” and using a high-quality fraudulent Russian passport. In the meantime, federal agents in the United States developed leads in Eastern Europe. In a coordinated multinational effort, law enforcement authorities in Austria, the Czech Republic and Poland tracked and ultimately arrested Efrosman in Krakow, Poland, on May 28, 2010.

“This defendant allegedly created a web of lies to fleece unsuspecting investors. He thought that his lies and a false identity would allow him to evade the consequences of his actions. He was wrong. Through the combined efforts of law enforcement on three continents, the defendant was identified, pursued and successfully apprehended,” said United States Attorney Lynch. “He will now be held to account for the charged crimes.” Ms. Lynch expressed her grateful appreciation to the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), the U.S. Department of State and law enforcement authorities in Canada, Panama, Austria, the Czech Republic and Poland for their assistance.

FBI Assistant Director in Charge Fedarcyk said, “In an open society, national borders pose little or no obstacle to determined criminals. That’s why international cooperation among law enforcement agencies is essential, both in solving crimes and in apprehending those who commit them. This defendant is now in custody because of that kind of cooperation.”

Postal Inspector in Charge Verrochio said, “I would like to thank the U.S. Attorney’s Office for its relentless pursuit of the defendant. This case illustrates that alleged fraudsters can hide, but the Postal Inspectors and the FBI will never give up their search.”

If convicted, the defendant faces a maximum penalty of 20 years’ imprisonment. The indictment also seeks forfeiture of the funds the defendant obtained through the charged fraud.

The government’s case is being prosecuted by Assistant United States Attorney Daniel Spector.

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

The Defendant:
ALEKSANDER EFROSMAN
Age: 49”

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Bookmark and Share