Richard O’Dwyer: I Saw What They Did To Christopher Tappin, And I’m Scared

March 26, 2012

Huffington Post (UK) on March 26, 2012 released the following:

By: Dina Rickman

“A 23-year-old Briton facing extradition to America on copyright charges has spoken out about his fears in a rare interview, saying he could spend months waiting for trial in a high-security jail.

Student Richard O’Dwyer, who is appealing against being sent to the US, told The Huffington Post UK he was scared he would end up in a maximum-security institution with no bail, and said he didn’t deserve to be imprisoned.

“Yes, I am scared, I have seen in the media what they did to Chris Tappin [the 65-year-old British busisnessman recently extradited to the US] and how he has been put straight into jail with no bail,” Richard said.

Tappin is currently in prison in New Mexico, America, waiting for trial over allegations he plotted to sell arms to Iran.

“I have no criminal record and don’t think I deserve to be imprisoned for what should be a civil matter if anything. In the UK if I was charged with any offence I would not be put in jail for such a matter,” O’Dwyer said, via email.

“I am trying to stay positive and most importantly I want to complete my university degree.”

Richard’s mother Julia, who is appealing after Home Secretary Theresa May signed his extradition order this month, said she was in a “state of panic” when she heard her son could be put on trial in the states.

The mother-of-two has become an “accidental campaigner” against the controversial UK-US extradition treaty since Richard faced extradition to America over claims his website TVShack.net linked to pirated material.

“You’re not fighting any crime here, you’re fighting the law, the extradition law. You don’t get a chance to fight the allegation,” she told The Huffington Post UK.

However Julia – who still does her son’s washing when he returns from university in Sheffield to report for bail – is not angry at Richard: “I’m angry at the government.

“The police are just doing their job, they were just told to do that when it all came from America. I’m not at all angry at Richard, I’m even less angry than I might have been [if he had not been facing extradition] because I am more angry at the government.

“Maybe we’re closer together, a little bit. He doesn’t want to bother about it, you see, much. It’s just a major inconvenience to him,” she said.

“I see him every week. I usually bring his laundry back, I usually do it on the day he goes to bail so I can give him a lift for that. Sometimes he comes home for the weekend anyway. He has to report to a police station every week, whenever I see him I will take away his laundry and next time I’ll see him I will take a bit back. That’s what you do when your kids are at uni, you know.”

O’Dwyer has received support from the families of two other British men facing extradition, Tappin and computer hacker Gary McKinnon.

Julia is now calling for action on the “flawed” legislation, rather than more reform.

“Our government has failed to make a difference to a law that was pushed through the backdoor with no parliamentary scrutiny. Now we’re living with the consequences.

The government has sold him down the river. They’re doing it to other people. This law was put in place by the Labour government in the Queen’s prerogative with no parliamentary scrutiny. This government has promised to look at it and amend it before they came into power and they have done nothing about it except talk about it.””

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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 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.


Richard O’Dwyer case: Lawyers lodge extradition appeal

March 22, 2012

BBC on March 22, 2012 released the following:

“The family of a Sheffield student who faces extradition to the United States has confirmed an appeal has been lodged by lawyers.

On 13 March, Home Secretary Theresa May approved the extradition of 23-year-old Richard O’Dwyer, who is accused of copyright infringement.

The US authorities say Mr O’Dwyer’s TVShack website hosted links to pirated films and television programmes.

A spokesman said Mrs May had “carefully considered all relevant matters”.

Mr O’Dwyer had until Monday to appeal against the home secretary’s decision.

Student ‘surprised’
His mother Julia, from Chesterfield, confirmed that lawyers had lodged papers appealing against the extradition.

She has previously said her son had been “sold down the river” by the government.

Westminster Magistrates’ Court ruled in January that Mr O’Dwyer could be extradited.

The Sheffield Hallam University student said he was “surprised” when police officers from the UK and US seized equipment at his home in South Yorkshire in November 2010.

The case was brought by the US Immigration and Customs Enforcement agency, which claims that the TVShack.net website earned more than $230,000 (£147,000) in advertising revenue before US authorities obtained a warrant and seized the domain name in June 2010.”

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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 (US) and the United Kingdom (UK) 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.


BBC News – Richard O’Dwyer case- TVShack creator’s US extradition approved.

March 21, 2012

Uploaded by 1954mugsy to YouTube on March 13, 2012 released the following:

BBC News – Richard O'Dwyer case- TVShack creator's US extradition approved.

Home Secretary Theresa May has approved the extradition to the US of a student accused of copyright infringement.

The US authorities say 23-year-old Sheffield student Richard O’Dwyer’s TVShack website hosted links to pirated films and television programmes.

A spokesman said Mrs May had “carefully considered all relevant matters” before signing the order.

Mr O’Dwyer’s mother, Julia, told the BBC that for Richard “the decision doesn’t feel very real, it’s just a nightmare”.”

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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 ?? 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.


What would happen if USA request the extradition of the creator of a web of links to Spain?

March 21, 2012

The Delta World on March 14, 2012 released the following:

“Although worldwide anti-piracy laws are not achieving significant progress in the fight against illegal downloading of Internet, United States you not desist, and even with the parked soup and pipe laws, maintains a tough line of action that began with the closure of Megaupload, continued with sending threatening letters to websites of the globe by the RIAA and persists with extradition requests.

The case of Kim Dotcom, creator of the aforementioned Megaupload, has yet to be resolved. It is now on bail, in New Zealand, waiting for the home in August of the process of extradition to United States. However, this week has taken an extradition for similar reasons: the Minister of Interior of the United Kingdom, Theresa May, has authorized the shipment to us of a young British man accused of having infringed copyright by creating a web page, TVShack, allowing access to films and television programs protected by copyright.

It is noteworthy that, unlike Megaupload, TVShack portal not housed content but simply confined to put links to other websites. If you take this case as a model, thousands of websites around the world could be accused of violating intellectual property laws Americans and their creators should deal with extradition requests.

Do it could then be something like in Spain?, it is possible that United States seek the extradition of those responsible for a page as Seriesyonkis and Spain access? As explained by Carlos Sánchez Almeida, lawyer expert in Internet, 20minutos.es, is “possible but unlikely”. The main reason that would be rare are produced in Spain that has occurred in the United Kingdom is that “the regulation of this type of crime is very different in some countries and in others” and influences much “the existence or non-existence of international conventions”. Almeida said that “the common law is very different from the law that applies in the continent” and, on the other hand, it is usual I United Kingdom firm agreements with United States, which makes it easier to give situations such as the extradition of the young creator of TVShack.

If United States requested the extradition of a Spanish for alleged violation of intellectual property, “would be a question of powers that would surely be resolved at the national hearing”. “I see very unlikely that a judge gives their skills to another country, and when we talk about a type of case that has already passed through the Spanish courts on many occasions and that always ended with the same result: link is not a crime”, explains the lawyer.

Almeida mentions cases in which Yes is has agreed to the extradition request, as it was the case with the porn director Pablo Lapiedra, he was sent to Colombia for child abuse offences, but explains that these matters, in addition to being more serious, are much more regulated. Orthrus issue would be, according to the lawyer, to request the extradition of persons connected with the collective Anonymous hacktivist, that the implications of this movement include many areas from the economy and culture policy.

Already nationally, and asked about the consequences of the implementation of the so-called law Sinde-Wert, Almeida considers that cases which will be reported to the Commission on intellectual property “will be very measured, very studied.” “They will be Virgin cases who have not gone previously by the courts, since in that case you could be accused of obstruction of Justice”.

“Jose Manuel Tourné, President of the coalition of creators of content, it has been said on many occasions: will not go for pages as Seriesyonkis, currently with an open judicial process or Cinetube, whose case has already been filed”, said the lawyer. In fact, does not believe that it is true that pages reported to the Commission include some who have already left airy several trials, thus doubting the reports a week ago of the first 25 web pages reported.

“I think they will go for pages which are prejudicial to publishers and television.” “I am not surprised receive the first complaint in two or three days”, concludes Almeida.”

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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 Spain 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.