Home secretary upholds decision to extradite Richard O’Dwyer

July 9, 2012

The Guardian on July 9, 2012 released the following:

By: James Ball and Alan Travis

“Theresa May says she will not review case that could see Sheffield student facing 10 years in US jail

The home secretary, Theresa May, has told the House of Commons that she will not revisit plans to extradite Sheffield Hallam student Richard O’Dwyer to the US on copyright charges, saying the decision had “already been taken”.

O’Dwyer faces a maximum sentence of 10 years in a US jail for alleged copyright offences, for which the UK declined to press charges. The charges relate to a website, tvshack.net, which O’Dwyer when he was 19 and which linked to places to watch TV and films online.

Wikipedia founder Jimmy Wales launched a campaign against his extradition late last month, including a petition which on Monday hit 225,000 signatures, primarily from the UK and the US.

Conservative MP Zac Goldsmith, who has previously raised concerns over several US extradition cases, asked May at home secretary’s questions in the Commons on Monday if she planned to review the case, given that it involved “an offence, if it is one, that our own authorities thought did not merit a prosecution.”

May, who must personally approve extraditions under the US/UK treaty, said the decision had been taken and O’Dwyer must rely on his court appeal.

“As you know that case is due to go to court later this year,” she said. “As regards the extradition decision, that has already been taken and, as you know, I have decided to uphold the extradition.”

Previous campaigns against extradition have called on home secretaries to review their decisions to extradite, most famously in the case of Chile’s General Pinochet, where former prime minister Margaret Thatcher called on the Labour home secretary to revoke his permission for extradition.

Wales is currently seeking a meeting with May and her advisors to discuss the O’Dwyer case. In his call for the meeting, he said: “The home secretary continues to ignore hundreds of thousands of citizens, the UK tech community, business leaders, celebrities and MPs from all parties on this issue.

“She should be very clear that we are not going to go away and new supporters are joining the campaign all the time.””

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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 the United Kingdom 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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UK student faces U.S. extradition in copyright case

January 13, 2012

Reuters on January 13, 2012 released the following:

“By Georgina Prodhan

(Reuters) – A British student will learn on Friday whether he is to be extradited to the United States for breaching U.S. copyright law by running a website that allowed users to access films and TV programs illegally, in the first case of its kind.

Richard O’Dwyer’s website, TV Shack, provided links to other websites where users could access content but did not host any of the content itself.

The 23-year-old, who says he started the project to improve his computer programming skills and help him get a work placement, did not charge users but sold $230,000 worth of advertising on the site, according to the U.S. authorities.

“I was forced to set up advertising because of the massive server fees,” O’Dwyer told BBC radio ahead of the ruling in a London court.

“When you’ve got a website with over 300,000 people a month visiting, there’s a need for infrastructure to support that. There’s no other way to do it, unless you had the money yourself,” he said.

The United States has cracked down far harder than Britain on illegal file-sharing, which has damaged the film, television and music industries.

O’Dwyer’s lawyer Ben Cooper argues that the student’s activities would not be criminal in Britain, and that he should be tried at home if anywhere.

“There have been lots of very similar cases here which simply haven’t stood up,” Cooper, an extradition lawyer with Doughty Street Chambers, told Reuters by telephone.

“My argument is that it wouldn’t be a criminal case here. At most, it would be a civil matter,” he said. He described O’Dwyer as a “guinea pig” as no British citizen had been extradited to the United States for a copyright offence before.”

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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 United Kingdom 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.