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

August 20, 2012

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

By Joe Schneider

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

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

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

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

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

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

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

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

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

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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 New Zealand here.

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

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

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

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

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

CNN on August 10, 2012 released the following:

“By the CNN Wire Staff

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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 Mexico 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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New Zealand judge in Kim Dotcom extradition case steps down after jokingly calling US ‘enemy’

July 18, 2012

The Washington Post on July 18, 2012 released the following:

“By Associated Press

WELLINGTON, New Zealand — A New Zealand judge has stepped down from overseeing the extradition case of Megaupload founder Kim Dotcom after jokingly referring to the United States as “the enemy.”

The comment by Auckland District Court Judge David Harvey raised questions about his impartiality. He was discussing Internet copyright at a conference last week when he told an audience, “We have met the enemy, and he is U.S.”

Harvey’s comments referencing late cartoonist Walt Kelly were recorded and posted on the Internet.

The U.S. is attempting to extradite Dotcom on racketeering and money laundering charges that allege his file-sharing site was facilitating massive Internet piracy.

Harvey will be replaced by judge Nevin Dawson. An extradition hearing has been scheduled for March.”

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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 New Zealand here.

————————————————————–

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

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

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

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Megaupload extradition case delayed until March 2013

July 10, 2012

BBC on July 10, 2012 released the following:

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

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

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

The US is set to appeal against both decisions.

The case has been rescheduled provisionally for 25 March.

Lost earnings

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

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

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

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

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

‘One-sided’

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

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

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

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

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

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

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

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

————————————————————–

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

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

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

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Mexican judges back extradition suspected drug queen to the US after previous attempts failed

June 8, 2012

The Washington Post on June 7, 2012 released the following:

“By Associated Press

MEXICO CITY — A panel of Mexican judges on Thursday agreed to the extradition of a suspected drug trafficker known as the “Queen of the Pacific,” who is wanted in the United States on cocaine-related charges.

The three federal appellate judges said Sandra Avila Beltran could be tried outside of Mexico, but only on one of the two charges prosecutors sought.

Avila cannot be tried for the seizure of more than nine tons of U.S.-bound cocaine off a vessel in Mexico’s western port of Manzanillo because a Mexican judge acquitted her in that case in December 2010. An appeals court upheld the verdict last August.

Previous requests to extradite the high-profile suspect have been denied twice by a panel and then by a judge, who argued that the confiscation of the nine tons of cocaine would inevitably be part of the foreign trial.

But the judges on Thursday ruled that Beltran has to answer to a charge stemming from several seizures in Chicago in 2001 that amounted to 100 kilograms of cocaine. The 2004 indictment in the Southern District of Florida does not specify Beltran’s role in the drug-dealing case.

Mexico’s Foreign Relations Department must re-file the extradition request to leave out the charge related to the Manzanillo seizure. The department did not respond on Thursday to a request by The Associated Press for comment.

Avila remains in a prison in the Mexican state of Nayarit, pending trial for a separate money-laundering charge. It was not immediately clear how Mexican prosecutors would proceed with that charge.

Avila, who was arrested in 2007 sipping coffee in a Mexico City diner, has said she is innocent. Her attorney could not be immediately reached for fresh comment.

Her case is widely known in Mexico because Avila is the niece of Miguel Angel Felix Gallardo, “the godfather” of Mexican drug smuggling who is serving a 40-year sentence for trafficking and the murder of U.S. Drug Enforcement Administration agent Enrique Camarena in 1985.

Prosecutors have alleged that Avila spent more than a decade working her way to the top of Mexico’s drug trade. They say her romance with Colombian Juan Diego Espinoza brought together Mexico’s powerful Sinaloa cartel with Colombia’s Norte del Valle.

The Sinaloa cartel led by Joaquin “El Chapo” Guzman has been locked in a vicious fight with violent Los Zetas gang in several regions of the country.

In the northern state of Tamaulipas, 14 bodies were abandoned Thursday inside a bus near the city hall building of Ciudad Mante. Soldiers deployed in the area found a message in which a gang took responsibility for the killings, according to a Tamaulipas statement. It did not say which gang or give more details.

Drug cartels often leave messages in crime scenes as a threat to enemies.

The bodies of the three women and 11 men have not been identified.

Also Thursday, the U.S. Treasury Department announced that it is placing financial sanctions on a wife and son of Guzman, who is Mexico’s most-wanted man.

The department’s Office of Foreign Assets Control said that it had designated Maria Alejandrina Salazar Hernandez and Jesus Alfredo Guzman Salazar, 26, under the U.S. Kingpin Act. That bars American citizens from making business transactions with them and allows authorities to freeze their assets in the U.S.

Guzman escaped prison in 2001 and has evaded authorities ever since, moving from hideout to hideout as he directs the operations of his powerful cartel. The U.S. and Mexican government have been intensifying their actions against Guzman’s family in recent months.

Authorities in the U.S. and Mexico have said they believe Guzman has children with several partners, including an 18-year-old woman whom he married in an elaborate public ceremony in 2007. The Treasury Department described Salazar Hernandez, 53, as a wife of Guzman, without providing details.

The department last month announced sanctions against Guzman’s sons Ivan Archivaldo “El Chapito” Guzman Salazar, 31, and Ovidio Guzman Lopez, 22.”

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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 Mexico here.

————————————————————–

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

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

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

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International criminal defense questions, but want to be anonymous?

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Nigeria: Court Extradites Ctizen to U.S. Over U.S.$30 Million Fraud

May 29, 2012

allAfrica.com on May 29, 2012 released the following:

“BY DAVIDSON IRIEKPEN

Justice James Tsoho of the Federal High Court in Lagos Monday granted the request of the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), for one Mr. Godwin Chiedo Nzeocha, to be extradited to the United States of America to face criminal charges over an alleged $30 million Health Care Benefit Fund fraud.

Nzeocha, 54, worked with the City Nursing Services in Houston, Texas, US as a Physical Therapist Aide between 2007 and 2009.

In US, he was alleged to have conspired with others and submitted claims worth $45 million to the Medicare and Medicaid for health care services on behalf of some patients who were beneficiaries of the health insurance claims.

Nzeocha and his accomplices were paid $30 million but failed to remit the funds to the beneficiaries.

Consequently, he was dragged before a US District Court in the Southern District of Texas, Houston by the US Department of Justice on October 19, 2009 for offences bordering on conspiracy to commit healthcare fraud, money laundering and mail fraud.

Rather than face his trial, Nzeocha fled to Nigeria. In his ruling, Justice Tsoho agreed with the prosecution that the extradition application was competent and that the alleged offences which are the basis of the extradition request are returnable offences.

He therefore ruled that accused be extradited to US to face trial within a period of one month. Nzeocha was arrested in June 2011 by the Economic and Financial Crimes Commission (EFCC) following a petition from the Legal Attaché to the US Consular Office, Lagos, on behalf of the Federal Bureau of Investigation (FBI).

Part of his extradition charges read: “Conspiracy to commit health care fraud in violation of Title 18, United States Code, Section 1349, carrying penalty on conviction of a fine of up to $250,000, or imprisonment of not more than ten (10) years, or both; supervised released of not more than three years; a special assessment of $100.00 for each convicted offence.”

• Indictment with health care fraud in violation of Title 18, United States Code, Section 1347, carrying penalty on conviction of a fine of up to $250,000, or imprisonment of (10) years, or both; supervised released of not more than three (3) years; and a special assessment of $100.000 for each convicted offence.”

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

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

————————————————————–

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

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

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Lead Defendant in Operation Luz Verde Extradited from Mexico

May 24, 2012

The Federal Bureau of Investigation (FBI) on May 23, 2012 released the following:

“United States Attorney Laura E. Duffy announced that today Armando Villareal Heredia, aka Gordo Villareal, was successfully extradited from the Republic of Mexico to the United States to face federal racketeering (RICO) and drug charges in the Southern District of California. According to court documents, Villareal is the lead defendant in a 43-defendant racketeering prosecution against the Fernando Sanchez- Arellano Organization (FSO) which has been ongoing in the Southern District of California since July 2010. Villareal was arrested by Mexican law enforcement officers on July 9, 2011 at the request of the United States. Since his arrest in Mexico, Villareal has remained in custody pending extradition to the United States. According to the indictment, Villareal was one of the top leaders of this criminal organization, which evolved from the now-defunct Arellano-Felix Organization and is headed by the nephew of Benjamin and Javier Arellano-Felix.

“Today’s extradition of Villareal, a top-lieutenant in the FSO who answered directly to Fernando Sanchez Arellano, highlights our continued successful efforts to work with the government of Mexico to combat organized criminal activity along the southwest border,” United States Attorney Duffy stated. To date, 38 defendants have entered guilty pleas in the case. During those guilty pleas, the defendants admitted to participating in a violent transnational racketeering enterprise controlled by Fernando Sanchez- Arellano and to committing murders, kidnappings, robberies, assaults, money laundering, and a wide range of drug trafficking offenses. Four defendants are fugitives and the only other remaining in-custody defendant is scheduled for trial on June 5, 2012.

The indictment in this case resulted from a long-term investigation conducted by the multi-agency San Diego Cross Border Violence Task Force (CBVTF). The CBVTF was formed to target those individuals involved in organized crime-related violent activities affecting both the United States and Mexico. Law enforcement personnel assigned to the CBVTF made extensive use of court-authorized wiretaps and other sophisticated investigative techniques to develop the significant evidence which led to the charges in this case.

United States Attorney Duffy praised the Mexican government for their assistance in the extradition of Villareal. She also commended the Organized Crime Drug Enforcement Task Force (OCDETF) for the coordinated team effort in handling this investigation, Operation Luz Verde. Agents and officers from the Federal Bureau of Investigation; San Diego Police Department; Drug Enforcement Administration; San Diego Sheriff’s Office; Chula Vista Police Department; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; San Diego District Attorney’s Office; and California Department of Justice participated in this OCDETF investigation. The Criminal Division’s Office of International Affairs provided significant assistance in the extradition. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against organized crime and major drug trafficking organizations.

The defendant is expected to be in federal court in San Diego tomorrow, May 24, 2012, at 10:30 a.m. before United States Magistrate Judge Nita L. Stormes.

An indictment itself is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.”

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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 Mexico here.

————————————————————–

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

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

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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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.””

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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.


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.”

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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 Australia 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 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.


Dotcom extradition case costs mounting

April 11, 2012

tvnz.co.nz on April 11, 2012 released the following:

“Source: ONE News

More than $1 million has so far been spent on the extradition case for Megaupload founder Kim Dotcom.

The United States wants to extradite Dotcom on copyright, money laundering and racketeering charges arising from his internet business and he is awaiting a hearing.

New Zealand Crown lawyers have been battling on behalf of the US Government, and figures obtained by ONE News under the Official Information Act show the figure has already reached more than $1,120,000.

In total, 13 Crown lawyers have been involved with the case including the two senior counsel in court, the Solicitor General and Deputy Solicitor General and nine other lawyers.

Based on Crown Law office information on lawyers’ time, ONE News estimates their cost at nearly one million dollars so far. Added to that is $70,000 for Dotcom’s arrest and seizure of his assets, another $62,000 to store and insure those assets and just over $20,000 on costs such as travel and accommodation for the Crown’s legal team.

The cost is being met by the New Zealand Government because of a 1970 treaty which says it will pay for extradition cases here on behalf of the United States, while the US Government will pay costs when New Zealand wants people extradited from America.

The reciprocal deal is not universally popular, however.

“If the case is being brought on behalf of the overseas government, and for the benefit of the overseas government, than they should be paying the cost,” extradition lawyer Grant Illingworth told ONE News.

With another five months of legal wrangling ahead legal professionals believe this could be the most expensive extradition case ever heard in New Zealand.

Labour’s foreign affairs spokesman Phil Goff said the situation could prove expensive for the Government.

“The problem in this case is that while the United States is calling the shots, it’s the New Zealand taxpayer that meets the cost and potential liability. I hope the government’s got the process right,” he told ONE News.

The Government says the costs of the case are “non-billable”, so no actual money will be changing hands. Rather, it says the costs will be absorbed into its legal budget.

Dotcom is currently under house arrest at his Coatesville home, although he was recently granted permission to use a swimming pool in a neighbouring property and make occasional visits to a recording studio to finish work on an album.”

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

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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

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

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