US will ‘struggle’ to extradite Kim Dotcom

February 16, 2012

3news.co.nz on February 14, 2012 released the following:

“By Imogen Crispe

Internet piracy-accused Kim Dotcom could avoid extradition on a legal technicality, a previous benchmark case shows.

The US is currently looking to extradite the Megaupload founder but charges central to the case may not be sufficient to send Dotcom back.

Copyright infringement, one of Dotcom’s main charges is not covered in the US-New Zealand extradition treaty, and a 2002 case shows racketeering is not either.

In the historic case Bob Cullinane faced US charges of racketeering, visa fraud, alien smuggling and harbouring.

The case took two years and went to the Court of Appeal before Cullinane was discharged.

It concluded that racketeering and other offences were not extraditable offences under the Treaty.

The Treaty on Extradition lists many serious charges a person can be extradited on back to the US, including murder and assault.

Chapman Tripp partner Matt Sumpter told the National Business Review the US government would “struggle to extradite” on copyright and racketeering charges.

However, Philip Morgan QC, the lawyer for the accused Cullinane in the 2002 case, says racketeering and copyright infringement could be covered by the United Nations Convention against Transnational Organised Crime.

This could potentially override treaty laws between the US and New Zealand.

But Lowndes Jordon partner and copyright law expert Rick Shera told National Business Review the other charges seemed to rely on the copyright infringement charge.

He says this makes any extradition laws around the subsequent charges irrelevant.

Dotcom is currently being held in the Auckland Remand Prison after failing to get bail.

His lawyers last week appeared in the High Court at Auckland to fight restraining orders around Dotcom’s assets.”

————————————————————–

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 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.


Mexico Captures Armando Villareal Heredia an Alleged US-born Tijuana Drug Lieutenant

July 12, 2011

The Associated Press (AP) on July 11, 2011 released the following:

“By ADRIANA GOMEZ LICON, Associated Press

MEXICO CITY (AP) — Federal police have captured a U.S.-born drug lieutenant who joined the Tijuana cartel after a crackdown on the notorious Arellano Felix brothers caused the group to splinter and emerge with a younger leadership, officials said Monday.

Armando Villareal Heredia, 33, is a San Diego native accused of trafficking drugs from the northern state of Sinaloa into the United States, federal police said in a statement.

Villareal is also wanted by the U.S. on federal conspiracy and racketeering charges, according to a 2010 complaint that alleges murder, kidnapping and other crimes in both Mexico and California. Named in the most-wanted list of the U.S. Drug Enforcement Administration’s San Diego region, Villareal is among 43 defendants charged by the U.S. Attorney.

Mexican and U.S. authorities say Villareal takes orders from Fernando Sanchez Arellano, aka “The Engineer,” a drug kingpin who is the leader of a younger but weaker Tijuana cartel. Sanchez, who is in his 30s, is a nephew of the four Arellano Felix brothers who have been either killed or arrested since 2006.

In the complaint, U.S. officials say Sanchez’s criminal organization is an offshoot of the defunct Arellano Felix cartel, whose domination of Tijuana was fictionally portrayed in the Hollywood movie “Traffic.”

Federal police arrested Villareal on Saturday in the northern city of Hermosillo.

Justice Department spokeswoman Debra Hartman confirmed Villareal was a U.S. citizen. Hartman did not want to comment on Monday on a possible extradition request.

In the past, Mexican authorities have captured other drug cartel members born in the U.S. Last August Mexican authorities captured a Texas-born drug kingpin Edgar Valdez Villarreal, known as “La Barbie.”

The arrest or death of the Tijuana cartel’s leadership in recent years sparked a bloody war of succession, but the strategy used to bring the gang down is being replicated in other violence-plagued regions.

More than 35,000 people have died since President Felipe Calderon began its offensive against organized crime in 2006, according to official figures. Some groups put the number at more than 40,000.

In other parts of Mexico, drug cartels are also splintering to form offshoots triggering violent confrontations.

On Monday, Mexican authorities blamed the Knights Templar, a gang that broke away from La Familia cartel, for the Friday killings of 11 people outside Mexico City.

The victims were shot with high-powered rifles and found piled near a water well on the outskirts of Mexico City.

The attorney general of Mexico state, home to suburbs that ring Mexico’s capital, said the victims were kidnapped two days earlier in a bar by members of the Knights Templar, according to the only survivor of the mass killing.

Attorney general Alfredo Castillo said the survivor told police only four of the 11 victims were members of the cult-like La Familia cartel and deemed as rivals of the Knights Templar.

Associated Press writer Gloria Perez in Toluca contributed to this story.”

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

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

Bookmark and Share