“US rejects Russia’s extradition request for jailed businessman Bout”

November 10, 2012

RT on November 10, 2012 released the following updated story:

“The US Justice Department has turned down Russia’s request to extradite businessman Viktor Bout, currently serving a 25-year prison term. Moscow condemned the decision, saying it will continue to advocate for Bout.

The US Justice Department refused the extradition request over the seriousness of the crimes with which he was charged, among other reasons, Bout’s lawyer Albert Dayan said.

“We have received an official response from the Justice Department,” Dayan told Itar-Tass news agency. “The denial to grant the request is explained by the fact the prisoner has a pending appeal, by the seriousness of the crime, by objections from the law enforcement authorities, and also by the fact that his criminal past renders such request impossible.”

According to Dayan, the request for extradition to Russia may be filed again in two years.

“Our only hope right now is the appeal,” said Dayan, adding that Bout was “jailed for political reasons, and hasn’t committed any crimes.”

Bout maintained his innocence throughout the proceedings, and said the trial had been unfair after it ended.

The Russian Foreign Ministry condemned the US Justice Department’s decision. Konstantin Dolgov, Foreign Ministry Commissioner for Human Rights, Democracy and Rule of Law said that Russia will continue advocating for the businessman’s, who has not committed any crimes against the US or American citizens.

Bout was arrested in Thailand in 2008 on the request of the United States.

In November 2011, the former Soviet officer and founder of an air cargo company, was convicted by a New York federal court of “conspiracy to kill Americans and US officials,” and of supplying arms to the Revolutionary Armed Forces of Columbia (FARC), which the US government lists as a terrorist organization.

In April 2012, a US judge sentenced the Russian businessman to 25 years in jail, five years of supervised release, and a $15 million fine. Bout was charged with conspiracy to acquire and export surface-to-air anti-aircraft missiles. US prosecutors sought a life sentence for conspiracy to murder US citizens, but the judge found the charges unfounded.

Viktor Bout was later transferred to serve his sentence to a maximum security prison in Colorado dubbed the ‘Alcatraz of the Rockies.’ The move elicited condemnation from Moscow, who expressed concern for Bout’s health and called the move a selective punishment that violated his human rights.”

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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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A European Court Ruled Abu Hamza al-Masri Can be Extradited to the United States to Face Terrorism Charges

September 25, 2012

The Associated Press on September 24, 2012 released the following:

“UK to extradite radical Muslim cleric to US

By SYLVIA HUI, Associated Press

LONDON (AP) — A European court ruled Monday that radical Muslim cleric Abu Hamza al-Masri can be extradited to the United States to face terrorism charges, including allegedly trying to set up an al-Qaida training camp in rural Oregon.

The decision ends a long-running legal battle and means that al-Masri, considered one of Britain’s most notorious extremists, could be deported within weeks along with four other terrorism suspects in Britain.

Authorities in the U.S. have for years asked for Al-Masri and the others to be handed over, but the process had been delayed because the men raised human rights objections.

The men had argued before the European Court of Human Rights that they could face prison conditions and jail terms in the U.S. that would expose them to “torture or inhuman or degrading treatment or punishment” in breach of the European human rights code.

In April, the Strasbourg, France-based court rejected those claims. Al-Masri and the four others lodged an appeal to the court’s highest judges, but on Monday the court said it refused to hear it. “Today the Grand Chamber Panel decided to reject the request,” the court said in a brief statement. It did not give a reason for refusing the appeal.

Britain’s Home Office and the U.S. Department of Justice welcomed the decision.

“We will work to ensure that the individuals are handed over to the U.S. authorities as quickly as possible,” said the Home Office.

The suspects, who are accused of crimes such as raising funds for terrorists, could face life sentences in a maximum-security prison.

Al-Masri was arrested in Britain in 2004 at the request of U.S. authorities, who have called him “a terrorist facilitator with a global reach.”

They accuse him of assisting the taking of 16 hostages — including two American tourists — in Yemen in 1998 and of conspiring to set up a terrorist training camp in Bly, Oregon, between 2000 and 2001.

He also is accused of conspiring with a U.S. citizen to facilitate a jihad — or holy war — in Afghanistan and providing material support to al-Qaida and the Taliban.

The cleric, who is blind in one eye and wears a hook for a hand, lost several British court cases in his fight against extradition before taking the case to the European court in 2008.

Known for his fiery anti-Western and anti-Semitic outbursts, he claims he has lost his Egyptian nationality, but Britain considers him an Egyptian citizen. He is currently serving a seven-year prison term in Britain for separate charges of inciting hatred.

The other four suspects due to be extradited to the U.S. are Babar Ahmad, Syed Tahla Ahsan, Khaled al-Fawwaz and Adel Abdul Bary.

Ahmad and Ahsan are charged in U.S. federal court in Connecticut with running a terrorist website in London, providing material support to terrorists, conspiring to kill U.S. nationals, and money laundering. Supporters of Ahmad, who was arrested in 2004 and has been held in a British jail since then without charge, are trying to help him get a trial in Britain because his alleged offense happened in London.

Al-Fawwaz and Bary, accused of being key aides to Osama bin Laden in London, are wanted in a New York federal court for the 1998 bombings of two U.S. embassies in Kenya and Tanzania that killed 224 people. Al-Fawwaz faces many counts of murder.

The human rights court said that it has not decided on the case of a sixth suspect, Haroon Rashid Aswat, who was accused of being Al-Masri’s co-conspirator in attempting to set up the camp in Oregon. The court said it needed to consider more information about his case.

In Washington, Dean Boyd, spokesman for the National Security Division of the U.S. justice department, said: “We are pleased that the litigation before the European Court of Human Rights in these cases has come to an end, and we will be working with the U.K. authorities on the arrangements to bring these subjects to the United States for prosecution.””

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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 (US) and the United Kingdom (UK) 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

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           Office Locations

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Will US boot Bout back to Russia?

July 18, 2012

RT on July 18, 2012 released the following:

“According to the executive director of an international NGO, the US attorney general is considering the possibility of extraditing two Russian nationals sentenced in the US to lengthy prison terms for arms and drugs trafficking.

“We learned that US Attorney General Eric Holder is considering the return of Victor Bout to Russia, along with another Russian arms and drugs trafficker, Konstantin Yaroshenko,” Kathi Lynn Austin, the Executive Director of the Conflict Awareness Project, told reporters on the sidelines of the UN Conference on the Arms Trade Treaty in New York on Tuesday.

However, Austin expressed reservations about allowing the Russians to serve out the remainder of their prison sentences in their homeland.

“Allowing Bout a transfer to Russia would pose a risk both to international peace and security as well as to US interests,” said Austin, an arms trafficking expert.

Russian Justice Minister Alexander Konovalov told journalists that although the necessary steps are being taken to arrange for Bout’s return to Russia, the extradition is not likely to happen soon. Konovalov said the US courts require any individual convicted in the United States to serve at least half of his sentence in a US prison.

The minister added that so far the Russian national’s extradition is only being discussed at the diplomatic level.

The former Soviet officer, who founded an air cargo company, was convicted of “conspiracy to kill Americans” and supply arms to the Revolutionary Armed Forces of Columbia (FARC), which the US government lists as a terrorist organization. He was sentenced in November to 25 years in prison by the New York Federal Court.

Bout, who is said to have been the inspiration behind the 2005 Hollywood film, Lord of War, maintained throughout his ordeal that he would never get a fair trial in the United States.

At the same time, the Justice Ministry has applied for the transfer of Konstantin Yaroshenko, a Russian pilot sentenced to a 20-year prison term on drug-trafficking charges.”

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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 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:


Brother of Sinaloa Kingpin Extradited to US

April 5, 2012

In Sight on April 4, 2012 released the following:

Jesus “El Rey” Zambada Garcia, brother of Sinaloa Cartel kingping Ismael Zambada Garcia, has been extradited to the United States to face drug trafficking charges.

On April 3, Zambada [] was transferred from the maximum security in Matamoros, Tamaulipas to a flight bound for New York. Thanks to a July 2009 indictment issued by a New York Federal court, it is there that he will face the charge of being one of the principal members of an international cocaine trafficking ring that included his brother (alias “El Mayo”) and the Sinaloa Cartel head, Joaquin·”El Chapo” Guzman.

Mexican authorities captured Zambada in October 2008 along with 16 other people in Mexico City. At the time of his arrest, Mexico’s attorney general accused Zambada of controlling the smuggling of cocaine and methamphetamine precursor chemicals through the capital’s airport and touted him as being one of the most high-profile arrests to occur under President Felipe Calderon’s administration.

Zambada will appear before the New York court in the following days, reports El Universal.

InSight Crime Analysis

Zambada’s extradition marks the second suffered by the family in recent years after Mexico’s government detained Ismael’s son, Jesus Vicente Zambada, in March 2009 and extradited him to the US the following year to face drug trafficking charges. He is currently being held in a Chicago prison.

More importantly, it marks a growing trend under Calderon’s presidency. According to a report by El Universal last year, extraditions to the US since Calderon took office have almost tripled, with 464 suspects extradited between 2006 and August 5, 2011.

Such a dramatic increase is a mixed blessing. While extradition ensures that high-profile suspects avoid the deficiencies of Mexico’s judicial system — where impunity is thought to be around 90 percent, if not higher — thus increasing the chance they are brought to justice, this also can have the effect of leaving Mexico’s courts in a perpetual state of underdevelopment, according to some analysts.

Another potential problem with extradition is that the accused does not face charges for all the crimes they may have committed in their home country. For example, when Jesus Zambada was arrested, Mexican prosecutors stated that he was tied to a number of killings in western and central Mexico. Now that he is extradited, he will not face any charges for these homicides, thus leaving the victims’ families with no possibility of recourse through judicial proceedings.”

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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 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.