“Hong Kong silent so far on Edward Snowden extradition”

June 22, 2013

The Independent on June 22, 2013 released the following:

Associated Press

“Hong Kong has remained silent thus far on whether former National Security Agency contractor Edward Snowden should be extradited to the United States now that he has been charged with espionage, but some legislators said the decision should be up to the Chinese government.

Edward Snowden, believed to be holed up in Hong Kong, has admitted providing information to the news media about two highly classified NSA surveillance programs.

The Hong Kong government had no immediate reaction to the charges against Snowden. Police Commissioner, Andy Tsang, when was asked about the development, told reporters only that the case would be dealt with according to the law. A police statement said it was “inappropriate” for the police to comment on the case.

When China regained control of Hong Kong in 1997, the former British colony was granted a high degree of autonomy and rights and freedoms not seen on mainland China. However, under the city’s mini constitution Beijing is allowed to intervene in matters involving defence and diplomatic affairs.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong Kong to protect Snowden from extradition before his case gets dragged through the court system. Leung also urged the people of Hong Kong to “take to the streets to protect Snowden.”

Another legislator, Cyd Ho, vice-chairwoman of the pro-democracy Labour Party, said China “should now make its stance clear to the Hong Kong SAR (Special Administrative Region) government” before the case goes before a court.

China has urged Washington to provide explanations following the disclosures of National Security Agency programs which collect millions of telephone records and track foreign Internet activity on US networks, but it has not commented on Snowden’s status in Hong Kong.

A formal extradition request, which could drag through appeal courts for years, would pit Beijing against Washington at a time China tries to deflect US accusations that it carries out extensive surveillance on American government and commercial operations.

Snowden’s whereabouts have not been publicly known since he checked out of a Hong Kong hotel on June 10. He said in an interview with the South China Morning Post that he hoped to stay in the autonomous region of China because he has faith in “the courts and people of Hong Kong to decide my fate.” Tsang said in interview broadcast on local television that he could not comment when asked about a local newspaper report that Snowden was in a police “safe house.”

Snowden and his supporters have also spoken of his seeking asylum from Iceland.

A prominent former politician in Hong Kong, Martin Lee, the founding chairman of the Democratic Party, said he doubted whether Beijing would intervene at this stage.

“Beijing would only intervene according to my understanding at the last stage. If the magistrate said there is enough to extradite, then Mr. Snowden can then appeal,” he said.

Lee said Beijing could then decide at the end of the appeal process if it wanted Snowden extradited or not.

The process could become a prolonged legal battle, with Snowden contesting extradition on grounds of political persecution.

Hong Kong lawyer Mark Sutherland said that the filing of a refugee, torture or inhuman punishment claim acts as an automatic bar on any extradition proceedings until those claims can be assessed.

“Some asylum seekers came to Hong Kong 10 years ago and still haven’t had their protection claims assessed,” Sutherland said.”

As International Extradition Lawyer Douglas C. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

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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 Hong Kong 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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“Snowden extradition battle in Hong Kong could go on for years”

June 22, 2013

Reuters on June 22, 2013 released the following:

“By James Pomfret

(Reuters) – A former U.S. National Security Agency (NSA) contractor charged with spying by the United States and in hiding in Hong Kong is expected to be the subject of a formal extradition request at any time in what could drag into a legal battle lasting years.

Since making his revelations about massive U.S. surveillance programs, legal sources in Hong Kong say Edward Snowden, 30, has sought legal representation from human rights lawyers as he prepares to fight U.S. attempts to force him home for trial.

U.S. authorities have charged Snowden with theft of U.S. government property, unauthorized communication of national defense information and willful communication of classified communications intelligence to an unauthorized person, with the latter two charges coming under the U.S. Espionage Act.

The United States and Hong Kong signed an extradition treaty which came into effect in 1998, a year after Hong Kong returned from British to Chinese rule. Scores of Americans have been sent back home for trial since then.

While espionage and theft of state secrets are not cited specifically in the treaty, equivalent charges could be pressed against Snowden under Hong Kong’s Official Secrets Ordinance, legal experts said.

If Hong Kong authorities did not charge Snowden with an equivalent crime, authorities could not extradite him, lawyers said. In the absence of charges, Snowden was also theoretically free to leave the city, one legal expert said.

Simon Young, a law professor at the University of Hong Kong, said that while the first charge involving theft might readily find equivalence in Hong Kong, the latter two spying offences will likely attract “litigation and dispute” in the courts.

The timeframe for such proceedings remains unclear, but Hectar Pun, a lawyer with human rights expertise, was quoted as saying such an extradition could take three to five years.

Under Hong Kong’s extradition mechanism, a request first goes through diplomatic channels to Hong Kong’s leader, who decides whether to issue an “authority to proceed”. If granted, a magistrate issues a formal warrant for the arrest of Snowden.

Once brought before the court, the judge would decide whether there was sufficient evidence to commit Snowden to trial or dismiss the case, though any decision could be appealed in a higher court.

Snowden could claim political asylum in Hong Kong, arguing he would face torture back home. Article six of the treaty states extradition should be refused for “an offence of a political character”.

“The unfairness of his trial at home and his likely treatment in custody” were important factors to consider for Snowden, said Young, the law professor, on Snowden’s chances of claiming political immunity from extradition.

Should a Hong Kong court eventually call for Snowden’s extradition, Hong Kong’s leader and China could, however, still veto the decision on national security or defense grounds.

Snowden has admitted leaking secrets about classified U.S. surveillance programs, which he said he did in the public interest. Supporters say he is a whistleblower, while critics call him a criminal and perhaps even a traitor.”

As International Extradition Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

————————————————————–

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 Hong Kong 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:


Fugitive cop who fled to Brazil likely to avoid extradition

September 9, 2011

Sun Sentinel on September 8, 2011 released the following:

“Fugitive cop who fled to Brazil likely to avoid extradition

By Megan O’Matz and Jerome Burdi, Sun Sentinel

BOYNTON BEACH— Fugitive David Britto may be out of reach of American authorities forever.

This city’s former Police Officer of the Year was under house arrest, awaiting trial on drug trafficking charges, when he cut the electronic monitoring bracelet from his ankle Aug. 24 and hopped on a plane in Miami, bound for his native country, Brazil, according to court documents filed Wednesday.

Brazil’s constitution prohibits the extradition of Brazilian nationals.

“Basically he’s gone unless the Brazilian government, through political pressure, allows U.S. agents to pick him up,” said attorney David Rowe, an adjunct law professor at the University of Miami and an extradition expert.

Britto, 28, appears to have successfully gambled on a high-stakes escape, rather than risk facing years in prison. He is to stand trial beginning Tuesday.

The daring run, however, raises questions about how he pulled it off and who, if anyone, helped him.

On Thursday, the U.S. Marshals Service, which is spearheading the hunt for Britto, said federal agents are looking at every possible way of getting Britto back to Miami, where he faces one count of conspiring to possess and traffic 500 grams of methamphetamine.

“We’re still pursuing him,” Marshals Service spokesman Barry Golden said. “He’s one of the big cases that are on the top of our list … We’re still tracking down every lead. We’re trying to get him back into custody at all costs.”

Attempts to get Britto back are sure to be challenging, if not downright impossible.

A 1964 treaty between the United States and Brazil allows for the extradition of anyone accused or convicted of a crime carrying a sentence of a year or more.

But in 1988, Brazil amended its constitution, expressly stating that “no Brazilian shall be extradited.”

People born elsewhere who become Brazilian citizens, however, can be handed over if they’re charged with certain drug-related crimes. Foreigners who find safe harbor in Brazil and are accused of political crimes elsewhere are not extradited.

The strict policy has strained Brazil’s diplomatic relations.

Earlier this summer Italy denounced Brazil for refusing to turn over political refugee Cesare Battisti, a former Italian militant, convicted in absentia of killing four people in the 1970s.

Meanwhile, Brazil’s refusal to extradite an Ohio woman, Claudia Hoerig, charged in the 2007 murder of her husband, has outraged an Ohio congressman.

U.S. Rep. Timothy Ryan, a Democrat, introduced legislation in June to withhold $14 million a year in aid to Brazil until it reverses its ban on extraditing nationals. The bill is in a House committee.

Ryan has gone so far as to post an ever-changing clock on his website, showing the number of days, hours, minutes and seconds that Hoerig “has escaped justice.” On Thursday, it registered 1,641 days.

“It’s been a nightmare experience on our end up here,” Trumbull County, Ohio, Prosecuting Attorney Dennis Wilkins said of efforts to extradite Hoerig. “I’ve dealt with President [George W.] Bush, Condoleezza Rice, the attorney general and now with [President Barack] Obama and Hillary Clinton, and we’ve not gotten satisfactory action.”

In Florida, the tamper alert on Britto’s ankle bracelet went off the night of Aug. 24, notifying a federal probation officer, according to court records. But U.S. Marshals were not told until the next morning. Only then was a warrant was issued for his arrest, authorities said.

That gave Britto a window of time to escape.

“You cannot respond the next morning. That’s a major security breach,” said Rowe, the University of Miami law professor.

Court documents say Britto, who speaks Portuguese, boarded a plane Aug. 24 in Miami bound for Brasilia, the capital of Brazil.

It is unclear what documentation he used to board the international flight.

As a standard condition of bond, Britto had to relinquish “all passports and travel documents” to the Pretrial Services Office.

“Mr. Britto’s Brazilian passport was revoked as a standard condition of release by the court,” said Laura Sweeney, a Justice Department spokeswoman in Washington.

Britto was free on a $100,000 bond. He and his mother signed for half the bond and the other half was guaranteed by bailbonds.com, a Miami company.

Britto may be able to live out his days in Brazil, but he likely is landlocked, said Douglas McNabb, whose Washington, D.C., firm specializes in international extradition law.

Federal authorities likely will file a lifetime “red notice” with Interpol’s 188 member countries that will trigger Britto’s arrest if he leaves Brazil.

“He may leave Brazil a month from now or 30 years from now and go to Costa Rica,” McNabb said. “And when he goes through customs, his red notice [shows up].”

That’s what happened to director Roman Polanski, who was arrested in 2009 in Switzerland after being wanted by the United States since 1978 on a statutory-rape conviction. He hid in France, avoiding extradition countries, until he was captured. Polanski was freed by Swiss authorities on a legal technicality the following year.

It’s unknown if someone helped Britto reach Brazil.

According to his website, http://www.blessedwarrior.com, he was born in Brazil and moved to Queens, N.Y., when he was 7.

He joined the Boynton Beach police in 2006.

The Police Department still has an open internal investigation into Britto’s escape, but he’s likely to be fired soon, police said Thursday.”

To find additional federal criminal news, please read Federal Crimes Watch 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.

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International Extradition for Houston day care fugitive, Jessica Tata, from Nigeria may not be easy

March 2, 2011

Lawyer: Extradition for Houston day care fugitive may not be easy

Douglas McNabb discusses the Houston case where a Houston day care operator Jessica Rene Tata has apparently fled to Nigeria on Saturday, and could possibly face international extradition proceedings between Nigeria and the United States.

Douglas McNabb and other members of the 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.

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