“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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Ecuador’s ambassador calls for Bristol prosecutors to turn over evidence in Brockton slayings; warns of appeal by Luis Guaman

May 18, 2012

The Boston Globe on May 18, 2012 released the following:

“By Maria Sacchetti, Globe Staff

Ecuador’s ambassador to the United States this week rejected US Senator John F. Kerry’s request to extradite a man accused of a Brockton double murder, and urged Kerry to support Ecuador’s decision to prosecute him there, according to a letter released to the media today.

Ambassador Nathalie Cely said in a letter to Kerry that Ecuador had worked “tirelessly” to obtain evidence from Massachusetts prosecutors needed to keep Luis Guaman in prison in Ecuador, where the constitution bars extradition of Ecuadoran citizens.

An Ecuadoran court last month convicted the 42-year-old roofer for the February 2011 murders of a mother and son in Brockton, based largely on the evidence outlined in the US extradition request, and sentenced Guaman to 25 years in prison.

Guaman’s defense lawyer has appealed, and he has pointed out during the trial that Massachusetts prosecutors did not send any physical evidence to bolster the case.

Cely wrote Kerry that Ecuadoran prosecutors cannot violate the nation’s constitution, but in letter, which was dated Tuesday, she urged Kerry to help secure evidence that would “guard against any potential appeal.”

“While I appreciate your disappointment about the decision to not extradite Mr. Guaman, I hope that you will consider supporting my government’s effort to obtain the evidence requested from the Massachusetts judicial authorities so that we can ensure he remains incarcerated for his full sentence,” she wrote to Kerry.

Cely was responding to a May 10 request by Kerry, who chairs the Senate Committee on Foreign Relations, that Ecuador return Guaman to Massachusetts. Kerry, who joined Plymouth District Attorney Timothy J. Cruz and Senator Scott Brown in calling for the extradition, had expressed concern that Guaman could be freed in as little as 10 years, though the presiding judge in Guaman’s case said they expected him to serve the vast majority of his sentence.

In the letter, Cely pointed out that Ecuador has a long record of “active and ongoing” cooperation with the United States, including combating drug trafficking, terrorism, and human smuggling. She said Ecuador helped capture six Pakistani citizens involved in human trafficking last year.

Guaman, who lived in the United States illegally for almost two decades, has been indicted in Plymouth County for the bludgeoning deaths of his housemates Maria Avelina Palaguachi, 25, and her 2-year-old son Brian. He left the United States using another man’s passport hours after their bodies were found in a trash bin behind their house.

Cruz refused multiple requests from Ecuador to send evidence to bolster their case and called the trial a “sham.” Cruz has said that Ecuador’s constitution violates its preexisting extradition treaty with the United States and called for economic sanctions against the South American nation.

Cruz has also pointed out that Guaman would face a stiffer penalty of life in prison without parole in Massachusetts, if convicted.”

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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 Ecuador 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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email: