“US ‘fails to extradite criminals to Russia’”

July 22, 2013

RT on July 22, 2013 released the following:

“The US is pressuring Russia to hand over NSA whistleblower Edward Snowden to face espionage charges. However, it routinely denies Russian requests to hand over suspected criminals living in America.

“Law agencies asked the US on many occasions to extradite wanted criminals through Interpol channels, but those requests were neither met nor even responded to,” spokesman for the Russian Interior Ministry Andrey Pilipchuk said on Monday.

He named Ilyas Akhmadov and Tamaz Nalbandov as examples of people living in the US, who Russia unsuccessfully tried to get for prosecution.

Akhmadov is a former official of the short-lived ‘government of Ichkeria’ an entity which wanted to form a sovereign Islamist state in the territory of the Russian Republic of Chechnya. He is wanted in Russia over his connection to terrorist acts committed by Chechen insurgents.

In 1999 Akhmadov was appointed ‘Foreign Minister of Ichkeria’, and toured western countries to rally support for his cause. After Moscow re-established control over Chechnya, he settled in the US and sought political asylum there. He received it in 2004 despite objections from the US Department of Homeland Security.

Nalbandov is wanted in Russia for alleged abduction and extortion. He has been living in the US since 2000, where he received a residence permit in 2002.

Russia futilely sought extradition of both men on several occasions.

The criticism comes as the US pressures Russia to hand over Edward Snowden, a former NSA contractor, who exposed the agency’s secret surveillance programs and the role that other countries played in them.

Snowden is stranded at a Moscow airport after arriving there from Hong Kong last month. The US cancelled his passport as part of its effort to apprehend him and prosecute him on espionage charges. His limbo status means Snowden is unable to leave the airport’s transit zone in any direction.

The whistleblower is seeking political asylum in several countries, including Russia. Moscow tried to distance itself from Snowden’s case, although several Russian officials voiced their support for him and called on the government to help him.

Snowden won sympathies from activists worldwide, as many people see him as a hero, who sacrificed his career and possibly freedom to expose questionable secretive government policies. Russian human rights activists supporting the American said they regularly receive offers of money, jobs and even marriage to Snowden, the latter to facilitate his entrance to the country.”

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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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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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“Mastros set free in France, but U.S. may still go after them”

June 6, 2013

The Seattle Times on June 5, 2013 released the following:

“Appeals court says the 88-year-old developer and his wife won’t be extradited to the U.S., where they are charged with bankruptcy fraud.

By Sanjay Bhatt
Seattle Times business reporter

Fugitive Seattle businessman Michael R. Mastro may well live out the rest of his life as a free man in the foothills of the French Alps.

A French appellate court Wednesday denied on humanitarian grounds the U.S. Department of Justice’s request to extradite Mastro and his wife, Linda, said Jim Frush, a Seattle attorney who represents the 88-year-old former real-estate magnate at the center of one of Western Washington’s biggest bankruptcies.

“I spoke with Mike, who was understandably very happy and relieved and indicated to me that he and Linda were about to leave for dinner,” he said.

The Mastros had been under electronic monitoring and restricted to their apartment after 6:30 at night as part of an earlier French order.

A federal grand jury indicted the Mastros on charges of bankruptcy fraud in August 2011, two months after the couple disappeared from sight.

The U.S. Attorney’s Office in Seattle declined to comment Wednesday on the French court’s ruling, saying only that it was examining its options, including a possible appeal.

It’s likely the Justice Department filed a “red notice” with Interpol, a global law-enforcement agency, that puts 190 countries on notice of the outstanding arrest warrant for the couple, said Douglas McNabb, an international criminal-defense lawyer in Washington, D.C.

If the Mastros try to leave France for any other country, they could be held there and possibly extradited to the United States to face the criminal charges, McNabb said.

But if the French court’s ruling isn’t appealed and the Mastros stay put in France, “the ballgame is over with,” he said.

The ruling of the appeals court in Chambéry can be appealed to the Council of State, France’s highest judicial body and roughly equivalent to the U.S. Supreme Court, said Juliet Sorensen, a law professor at Northwestern University who teaches international criminal law.

A treaty signed by the two nations in 1996 requires each to honor a request to extradite persons charged with certain offenses that are punishable in both countries.

But there are exceptions, including one that allows either nation to deny extradition if surrendering the person “might entail exceptionally serious consequences related to age or health,” according to the treaty.

The French appellate court ruled that extraditing the Mastros could have such consequences, and wasn’t persuaded by the Justice Department’s arguments to the contrary, Frush said.

Developer’s downfall

Mastro’s four-decade career as a prolific developer ended in a spectacular crash in 2009 when three banks forced him into bankruptcy court.

Mastro told the court he had nearly $587 million in liabilities, including more than $100 million he owed to individual investors and local groups such as the Italian Club of Seattle.

Against those liabilities, Mastro reported assets of $249 million, most of it debt others owed him.

State regulators also charged him with breaking the law by making false statements to “Friends & Family” investors and selling unregistered securities, charges that Mastro denied.

Mastro and his wife disappeared suddenly in June 2011 after they ignored a bankruptcy judge’s order to hand over two giant diamond rings worth more than $1.4 million.

They officially became fugitives a month later when warrants were signed for their arrest. But those warrants were for contempt of court, a civil violation, and experts said it would be difficult to extradite the Mastros without a criminal charge.

Then in August 2011, the U.S. Attorneys Office filed a sealed criminal complaint against the Mastros, charging them with bankruptcy fraud.

The complaint was made public last October after the Mastros were arrested near Lake Annecy, in the French Alps, where they had rented a succession of apartments.

The next month, a federal grand jury issued a superseding indictment containing 43 counts for bankruptcy fraud and money laundering.

The diamond rings, along with nearly 300 other pieces of jewelry, were seized in France in October after the Mastros were apprehended.

The collection is worth more than $3 million, according to the court-appointed trustee in Mastro’s bankruptcy case, James Rigby, who has recovered only a fraction of the money owed to creditors. The Mastros’ attorneys are fighting in court to stop the FBI from transferring some jewelry to the trustee.

The Mastros spent seven weeks in a French jail before a court placed them on supervised release with electronic monitoring pending an extradition proceeding.

Health concerns

In February, the three judges of the Court of Appeal in Chambéry ruled that the Mastros had been charged with offenses that were subject to extradition, but noted that lengthy incarceration likely would have serious consequences on their health.

The court’s 19-page ruling in February mentioned Mastro’s age and a serious head injury he suffered in a fall in Palm Desert, Calif., two years ago. The court also mentioned the “psychological frailty” of Linda Mastro, who is in her 60s, revealing that she attempted suicide shortly after the couple was arrested in France.

At a hearing in late May, the Justice Department’s representative told the French court that if the Mastros were extradited and convicted in the United States, they would not ask for more than two years in prison, Frush said Wednesday, citing information he received from Thomas Terrier, the Mastros’ attorney in France. Moreover, U.S. officials told the court the federal Bureau of Prisons was equipped to manage the Mastros’ health concerns, Frush said.

Terrier could not be immediately reached for comment.

Sorensen, the Northwestern University law professor, said the French government had discretion to extradite the Mastros despite the exception in the treaty, and said the Council of State had heard extradition appeals from the United States in the past.

Investor reaction

News of the French court’s ruling dismayed Kirkland resident Barry Bloch, one of the “Friends & Family” investors who loaned the developer money in return for pledges of interest payments.

“What a joke,” Bloch said after hearing from a reporter of the ruling.

Bloch and his wife, Teresa, loaned Mastro money and knew him for about four years before the developer’s fortunes unraveled.

“It didn’t bankrupt us, but it’s a sizable amount of money, and it’s disgusting that he isn’t brought to justice,” said Barry Bloch, 68.

He recalled an exchange with the developer at Mastro’s Seattle office on Rainier Avenue South as the real-estate market was imploding, but before the banks forced Mastro into bankruptcy court.

“I asked him how he sleeps at night, and he said, ‘I sleep like a baby.’ That spoke volumes,” Bloch said.”

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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 France here.

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

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


“Triple murder suspect extradited to US”

May 29, 2013

The New Indian Express on May 26, 2013 released the following:

By Express News Service – HYDERABAD

“Nerusu Lakshminivasa Rao, a software engineer wanted for murder of his wife and two children in the US and against whom an Interpol red corner notice is pending, has been sent to the USA following the additional metropolitan magistrate’s court (extradition court) at Patiala House in New Delhi permitting the government.

Rao, a native of Gandigunta in Vuyyuru mandal in Krishna district, is the prime accused accused in the sensational triple murder of his wife Nerusu Jayalakshmi, son Siva and daughter Tejasvi in 2008. After committing the murders, he flew back to India.

CID policed had arrested him on February 21 this year and produced him before 6th additional chief metropolitan court at Nampally.

He was sent to judicial custody at Chanchalguda jail. A CID team led by inspector MB Sridhar Rao produced the fugitive in the extradition court in New Delhi on April 6.

Following the court directions, he was sent to the USA from Hyderabad on Friday night. An International arrest warrant, issued by the district court of Oakland in the state of Michigan in USA, had been pending against him for four years. Rao will be prosecuted by the same court in the case. Additional director-general of police (CID) T Krishnaprasad appreciated the team that worked in the case.”

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

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

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

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Wanted Brazilian national deported from U.S.

March 28, 2012

The Bridgeport News on March 27, 2012 released the following:

“A Brazilian national living in Bridgeport, who was wanted in his home country for his involvement in a double homicide, was turned over to Brazilian law enforcement authorities in Rio De Janeiro on March 22.

He was removed from the United States by officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO). This individual was originally identified after ERO obtained a law enforcement tip from the Bridgeport Police Department.

Isaias Goncalves Dos Santos, 31, was arrested by ERO officers in Bridgeport Jan. 31. He remained in ERO custody until his removal last Thursday.

The Bridgeport Police Department had notified ERO that they suspected Dos Santos, who had an Interpol Red Notice out for his arrest, was living in Bridgeport.

According to the Interpol Red Notice, Dos Santos allegedly devised a plan that executed the mayor of São Sebastião do Maranhão, Minas Gerais, Brazil. Mayor Gomes Gildeci Sampaio and his friend were both killed in the kitchen of the mayor’s home on Oct. 13, 2009. Interpol and HSI’s assistant attaché in Brasilia, Brazil, confirmed the biographical details and photographic facial identifiers with Brazilian authorities, which confirmed that Dos Santos was indeed wanted by their government.

An Interpol Red Notice is used to alert law enforcement agencies in member countries that arrest warrants have been issued and extradition will be sought for the fugitives. Being the subject of this type of notice is not a presumption of guilt. Interpol is the world’s largest international police organization with 190 member countries. It serves as a facilitator of international police cooperation.

“Thanks to our excellent partnership with the Bridgeport Police Department, we have ensured that this individual will be prosecuted for his alleged crimes in Brazil,” said Dorothy Herrera-Niles, field office director for ERO Boston who oversees ERO throughout New England. “His arrest and removal should serve as a reminder to foreign fugitives who mistakenly believe they can elude justice by fleeing to this country. ICE will continue to work closely with its foreign law enforcement counterparts not only to ensure that criminals are held accountable for their actions, but to safeguard the rights of law-abiding citizens here and overseas.””

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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

————————————————————–

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.


Libya says Mauritania agrees Senussi extradition

March 20, 2012

Reuters on March 20, 2012 released the following:

“By Laurent Prieur and Hadeel al Shachi

(Reuters) – Mauritania has agreed that Muammar Gaddafi’s intelligence chief Abdullah al-Senussi, arrested in Nouakchott last week, can be extradited to Libya, Libya’s deputy prime minister said.

The decision, if implemented, sets Libya on a collision course with France and the international war crimes court in The Hague, which also want Senussi, Gaddafi’s right-hand man before the Libyan dictator’s overthrow and death in a popular revolt last year.

“I have met the President of Mauritania and he agreed to the extradition of Senussi to Libya,” Libyan Deputy Prime Minister Mustafa Abu Shagour wrote on Twitter on Tuesday in a comment conformed as official by a Libyan government representative.

Senussi, whose whereabouts had been unclear for months, was arrested at Mauritania’s Nouakchott airport late on Friday when he stepped off a flight from Morocco.

A senior Libyan delegation to Mauritania feted President Mohamed Ould Abdel Aziz for his “brave stance” in arresting Senussi and during talks at his presidency stressed that Senussi should be extradited to Libya.

“We greatly appreciate the position of the president who promised us that good will come of this matter,” said a statement attributed to Shagour earlier and issued by Mauritania’s official news agency AMI.

France and the International Criminal Court also want Senussi. The ICC has indicted him for crimes against humanity, while he is also alleged to have had a role in the 1989 bombing of an airliner in which 54 French nationals died.

“We want Senussi to be extradited to France. We feel we owe it to the victims’ families and to justice,” French Foreign Ministry spokesman Bernard Valero said of a step that would allow France to confirm the life sentence already handed down to Senussi in absentia by a French court.

LOCKERBIE BOMBING

Separately, diplomatic sources said the United States – which on Monday confirmed it had contacts with Mauritania over Senussi – had requested access to him before any transfer.

“The Americans put in a request to Mauritanian authorities yesterday (Monday) morning to be able to meet Senussi while he is still in Mauritania, said one diplomatic source. A second diplomat also confirmed the request had been made.

No comment was immediately available either from the Mauritanian or U.S. governments.

Senussi’s name has been linked to the 1988 bombing over Lockerbie, Scotland of a Pan Am jet that killed 270 people. A State Department spokeswoman said on Monday the United States had long expressed an interest in talking to him about it.

Human rights groups doubt Senussi, 62, will have a fair trial in Libya and have called for his transfer to the ICC.

Amnesty International described the Libyan judicial system as “paralyzed”, noting it had not successfully investigated the death of prisoners in rebel detention or high-profile cases like the death of former military chief Abdel-Fattah Younis.

“The Libyan judiciary has done nothing. It has held no one accountable and has not investigated a single case yet,” Amnesty’s Donatella Rovera told Reuters.

However, Deputy Justice Minister Khalifa Faraj Ashour told Reuters in Tripoli the former intelligence chief would be tried fairly in his home country.

“Security is good, the courts are working fine in almost all of the country,” he said. “Even if there is a security breach once in a while, we can deal with it.”

“HIDDEN MONEY”

Ashour said it was too early to discuss what charges Senussi could face in Libya. Interpol has issued a Red Notice for him at Libya’s request for fraud offences including embezzling public funds and misuse of power for personal benefit.

“In general, we can say one of the crimes is financial corruption. He knows a lot about hidden money,” Ashour said.

Senussi is also suspected of a key role in the killing of more than 1,200 inmates at Tripoli’s Abu Salim prison in 1996. It was the arrest of a lawyer for victims’ relatives that sparked Libya’s Arab Spring revolt in February last year.

“Senussi being handed over to Libya and tried here would be a great support for the Libyan revolution and the country’s courts,” Ashour said. “You have to realize that he committed many other crimes in Libya before the revolution.”

According to Mauritanian security sources, Senussi, who for decades was hated and feared by many ordinary Libyans, is being held in the main police training school in Nouakchott.

The sources said the facility – which is surrounded by a high wall blocking all view from outside – was the only one which could keep Senussi in sufficient security while affording him a degree of comfort.

According to two sources, a team of military doctors including Aziz’s personal medic performed a medical check on Senussi on Sunday while he was still being held at a residence in the grounds of Nouakchott’s international conference centre.”

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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

————————————————————–

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.


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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