“Ex-JPMorgan Trader Released, Opposing U.S. Extradition”

August 28, 2013

Bloomberg on August 27, 2013 released the following:

By Charles Penty & Patricia Laya

“Former JPMorgan Chase & Co. (JPM) trader Javier Martin-Artajo was released from police custody after telling a Madrid court he opposed attempts by U.S. prosecutors to extradite him on charges he hid trading losses that cost the bank $6.2 billion.

The former trader turned himself in yesterday morning after being contacted by investigators, a Spanish police official said. He was released after a hearing in Madrid yesterday in which he said he was unwilling to be extradited, according to a spokeswoman for the National Court.

The U.S. this month charged Martin-Artajo, a Spanish citizen, and Julien Grout, a French citizen, with trying to hide the losses stemming from trades by Bruno Iksil, the Frenchman at the center of the case who became known as the London Whale. Grout and Martin-Artajo face up to 20 years in jail if convicted of the most serious counts, including conspiracy and wire fraud.

“The likelihood is fairly significant that he would go back,” said Ivan Mercado, managing partner at Mercado & Rengel, a law firm in Spain that works on U.S. extradition cases. “Spain and the U.S. have an extradition agreement. He can’t just say he doesn’t want to go.”

Bank’s Negotiations

JPMorgan’s losses prompted investigations on two continents, U.S. congressional hearings and an internal review that led to a 50 percent pay cut for Chief Executive Officer Jamie Dimon, who the board said bore some responsibility for lapses. Regulators in the U.K. and U.S. are preparing to impose fines on the bank as soon as mid-September, a person with direct knowledge of the matter said last week.

The bank is in talks with various authorities to settle its part of the case for about $500 million to $600 million combined, the Wall Street Journal reported, citing unidentified people close to the situation. Not all agencies have agreed to numbers and the total may end up outside that range, it said.

Martin-Artajo, 49, oversaw trading strategy for Iksil’s synthetic portfolio at JPMorgan’s chief investment office in London, while Grout was a trader who worked for him.

“The arrested person is presumed responsible for manipulating and inflating the value of positions in the synthetic credit portfolio of his firm with the aim of achieving specific objectives of daily losses and gains,” Spanish police said in a statement.

‘Fair Reconstruction’

Martin-Artajo’s lawyer, Lista Cannon, didn’t respond to a call seeking comment on his client yesterday. He “is confident that when a complete and fair reconstruction of these complex events is completed, he will be cleared of any wrongdoing,” a spokeswoman for his law firm said earlier this month. Jennifer Zuccarelli, a spokeswoman for JPMorgan, declined to comment.

At a hearing yesterday, Martin-Artajo’s lawyer filed documents in which his client denied the allegations, according to a court official who asked not to be identified because they weren’t authorized to speak publicly. The U.S. now has 40 days to file sworn statements in support of its extradition request.

Martin-Artajo will then be able to contest those arguments at a further hearing before a judge decides whether to grant the request, said Mercado, who isn’t involved in the case. The process can take up to several months, he added.

‘Very Difficult’

“When there is a bilateral agreement between two countries on certain crimes, it’s very difficult for a country to refuse extradition because the accord implies the crime is viewed comparably,” Carlos Vazquez, a criminal lawyer and partner at Vazquez & Vazquez in Madrid, said by telephone.

The spokeswoman for the court said Martin-Artajo’s passport has been confiscated. Another court official said that wasn’t the case, but that he can’t leave Spain without court approval.

Grout is living in France and isn’t a fugitive, his lawyer, Edward Little, a partner at Hughes Hubbard & Reed LLP in New York, said in an Aug. 12 interview, two days before his client was charged.

“He visited the U.S. last month with confidence he was not being indicted and moved to France to save money and look for a job,” Little said at the time. France has no obligation under its extradition treaty with the U.S. to send Grout to New York. Little declined to comment yesterday.

Martin-Artajo and Grout are charged with conspiring to falsify securities filings from March to May of 2012. The U.S. sought to keep the charges secret while arrests were attempted before unsealing them on Aug. 14. Jennifer Queliz, a spokeswoman for U.S. Attorney Preet Bharara, declined to comment.

‘Embarrassing Situation’

Dimon characterized the loss as “the stupidest and most embarrassing situation I have ever been a part of.” First disclosed in May 2012, the bad bets led to an earnings restatement, a U.S. Senate subcommittee hearing and probes by authorities including the Securities and Exchange Commission and U.K. Financial Conduct Authority.

Iksil, dubbed the “London Whale” because his portfolio was so large, signed a non-prosecution agreement with the U.S. in June, the government said. He pledged to cooperate with investigators as part of the deal. Martin-Artajo’s lawyer submitted documents with details of Iksil’s agreement with the U.S., the court official said yesterday.

The cases are U.S. v. Grout, 13-MAG-01976, and U.S. v. Martin-Artajo, 13-MAG-01975, U.S. District Court, Southern District of New York (Manhattan). The SEC case is Securities and Exchange Commission v. Martin-Artajo, 13-cv-05677, U.S. District Court, Southern District of New York (Manhattan).”

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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 Spain and the extradition treaty between the United States and France 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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“US Revokes Extradition Request for Bulgarian Mother-of-Two”

July 23, 2013

novinite.com on July 23, 2013 released the following:

“The US has revoked its request for the extradition of Gergana Chervenkova, a Bulgarian mother of two, who was charged in a US court with illegal online drug sales and participating in a crime group specialized in money laundering.

“The United States has withdrawn its request for the extradition of Ms. Gergana Ilieva Pavlova Chervenkova, who is charged in the U.S. District Court for the Southern District of New York with federal narcotics and fraud offenses,” the US Embassy in Bulgaria said in a statement.

“The request was withdrawn in part because of new information obtained by the prosecution, and not because of any deficiency in the request under the terms of the Extradition Treaty between the United States and Bulgaria. When a request is withdrawn, the Extradition Treaty permits the submission of a new request for an individual’s extradition,” the statement says.

The statement came four days after the Sofia Appellate Court yet again postponed its conclusive ruling on the extradition request, according to reports of mediapool.bg.

Gergana Chervenkova faced the prospect of being extradited to the US on charges of participating in a group involved in unauthorized online drug trade in her capacity of financial manager for the British company “Euromedonline Ltd.”

She faced a penalty of 68 years of imprisonment for the offenses.

The US authorities sent statements indicating that Drug Enforcement Administration (DEA) agents had solid evidence that the Bulgarian had been involved in illegal drug sales.

Chervenkova worked at “BG Global Services”, a company servicing British firm “Euromedonline Ltd.”

Her job was to process weekly reports from the sales system and to calculate the accumulated fees and commissions for doctors and pharmacies based on sales realized through the site. Cherevenkova’s responsibilities did not involve selling drugs.

While waiting for the court ruling on the extradition request, she spent several months in custody, until she was released by the Sofia Appellate Court on a bail of BGN 1000 on July 2.”

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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 Bulgaria 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 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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“The ‘Snatch-and-Grab’ Alternative to Extradition”

June 12, 2013

The Wall Street Journal on June 12, 2013 released the following:

“By Jacob Gershman

As the United States government ponders a strategy for securing the surrender of fugitive NSA leaker Edward Snowden, the government is bracing for a politically bumpy path toward extradition.

But if Hong Kong — where Mr. Snowden is believed to be holed up — were to put up a fight, what’s stopping the Obama administration from snatching him anyway and dragging him home?

The question was posed by Seth Lipsky, the ever-contrarian author of “The Citizen’s Constitution: An Annotated Guide” and founding editor of The New York Sun, where Law Blog used to work.

“The idea might seem to violate the rule of law,” says Mr. Lipsky, not to mention risk all sorts of political and diplomatic consequences. But that doesn’t mean courts would necessarily object to him standing trial for leaking classified data.

Supreme Court precedent, going back more than a century, suggests that the court wouldn’t “be overly particular as to how President Obama might bring Snowden in,” Mr. Lipsky writes in a New York Post column Wednesday.

The case often cited is an 1886 ruling, Ker v. Illinois. It was triggered by the abduction of Frederick Ker, a U.S. citizen accused of larceny who took refuge in Peru. A private messenger with a warrant requesting extradition was dispatched to Peru with instructions to follow protocol but apparently thought it easier to kidnap Ker instead. The court held:

    The treaties of extradition to which the United States are parties do not guarantee a fugitive from the justice of one of the countries an asylum in the other.

About a century later, the high court considered the case of Dr. Humberto Alvarez-Machain, a Mexican doctor accused of helping to kidnap and murder a DEA agent. The U.S. government arrested him after he was abducted in Mexico and flown to Texas.

A U.S. District Court dismissed the indictment against the doctor because it violated the extradition treaty between the United States and Mexico. But the Supreme Court reversed that ruling.

“While respondent may be correct that his abduction was ‘shocking’ and in violation of general international law principles, the decision whether he should be returned to Mexico, as a matter outside the Treaty, is a matter for the Executive Branch,” the court held. (A judge later dismissed the charges against Dr. Alvarez-Machain for lack of evidence.)

Says Mr. Lipsky: “Perhaps a raid isn’t the best way to go about getting Snowden into custody. But if it is, the Supreme Court is unlikely to object.””

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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.

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Britain wants to extradite man in Mississippi

October 25, 2012

HattiesburgAmerican.com on October 25, 2012 released the following:

“Written by
Associated Press

JACKSON — British authorities are seeking extradition of a man in Mississippi on charges of sexually abusing a young girl in 1988.

U.S. District Court records say Barry Willoughby, 45, was taken into custody in Biloxi, Miss., on Oct. 17 on a warrant from Bradford, England, for charges of indecent assault and gross indecency with a child.

John Weber, Willoughby’s lawyer, says Willoughby maintains his innocence. Weber says Willoughby is a British subject living legally in Mississippi.

Willoughby is being held pending a Nov. 15 extradition hearing in federal court in Gulfport.

The hearing will determine whether there is sufficient evidence to sustain the charge and whether it is an extraditable offense.

The case would then go the State Department for a final decision on whether Willoughby would be returned to Britain.”

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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 the 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 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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Mexico seeks extradition of man wanted for murder

August 13, 2012

The Brownsville Herald on August 11, 2012 released the following:

“By LAURA B. MARTINEZ/The Brownsville Herald

The Mexican government has requested the extradition from the United States of a Mexican man convicted of murder and rape.

Justino Tello Munoz, 49, appeared Thursday in Brownsville before U.S. District Judge Andrew S. Hanen and is now in the custody of the U.S. Marshals Service. As of Friday, no extradition hearing had been scheduled.

Mexican officials say Tello Munoz in 1994 raped and killed his former girlfriend in San Luis Potosí, Mexico.

According to U.S. court documents, this is the second time Mexico has requested the extradition of Tello Munoz. In 2002, he was arrested at his home in Brownsville and sent to Mexico to stand trial on the homicide charge.

At that time, Tello Munoz had only been accused in the rape and murder of his girlfriend, Nohemi Teran Labastida, the documents indicate. Authorities in Mexico stated that Tello Munoz and a friend forced the woman to an orchard, raped her, then tied a rope around her neck and hanged her from a tree, the documents say. An autopsy concluded that the cause of death was asphyxiation by hanging.

In 2002, Tello Munoz was tried in Mexico in the case but was found not guilty. The U.S. court file indicates that as allowed under Mexican law, the prosecution appealed the verdict. In 2003, a Mexican appellate court changed the verdict and found Tello Munoz guilty.

He was sentenced to 20 years in prison but by then, he had crossed into the U.S., the court documents state. The record says that he was living in Franklin, Tenn.

On July 27 of this year, Tello Munoz was detained at the Gateway International Bridge in Brownsville as he crossed from Mexico into the U.S. At a secondary inspection area, it was determined that there was an outstanding warrant against him.

Officers were alerted that he was sought by U.S. Marshals regarding an extradition request from Mexico. It was unclear why Tello Munoz was in Mexico before the July 27 arrest.”

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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 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?

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Suspected Mexican drug ‘queen’ extradited to U.S.

August 10, 2012
Sandra Avila Beltran
“Sandra Avila Beltran, also known as the “Queen of the Pacific.””

CNN on August 10, 2012 released the following:

“By the CNN Wire Staff

Mexico City (CNN) — One of the most high-profile women accused of connections with Mexico’s drug trade was extradited to the United States Thursday, officials said.

Mexican police handed over Sandra Avila Beltran, known as “The Queen of the Pacific,” to U.S. marshals at an airport in central Mexico Thursday morning, Mexico’s Attorney General’s Office said in a statement.

She will face cocaine trafficking charges in a federal court in Florida, prosecutors said.

Avila was once a key drug trafficking link between Colombia and Mexico, prosecutors have said. She was arrested in Mexico City on September 28, 2007, smiling before cameras as authorities trumpeted her detention.

Since then, her life has been the subject of a best-selling book and a popular ballad.

“The more beautiful the rose, the sharper the thorns,” says one line in “The Queen of Queens,” Los Tigres del Norte’s song describing Avila.

Her eye-catching nickname has regularly made headlines as Mexico’s case against her made its way through the nation’s courts.

A judge convicted her on money laundering charges, but ruled that Mexican prosecutors didn’t provide enough evidence to convict her of drug trafficking.

In 2011, authorities in Mexico City said they were investigating a tip that prison medical personnel had allowed a doctor to give Avila a Botox injection.

Avila denied that accusation, Mexico’s state-run Notimex news agency reported.

For more than two years, Avila has tried to block a U.S. extradition request. A Mexican judge ruled that she could be extradited in June.

A 2008 U.S. Congressional Research Service report described Avila as “a senior member of the Sinaloa cartel who was instrumental” in building ties with Colombian traffickers.

According to the U.S. Drug Enforcement Administration, Avila was suspected of conspiring to smuggle cocaine into the United States along with Juan Diego Espinosa, a Colombian national who was also known as “The Tiger.”

The DEA said that in November 2001, Espinosa, Avila and others “allegedly arranged the shipment of cocaine from Colombia to the United States by ship.” The ship, loaded with 9,291 kilograms of cocaine, was boarded by U.S. agents near Manzanillo, on Mexico’s Pacific coast.

U.S. authorities extradited Espinosa from Mexico in 2008. A judge sentenced him to six years in prison after he pleaded guilty to a cocaine distribution conspiracy charge in 2009. A court document signed as part of the plea agreement said that he and Avila had taken part in a deal to distribute 100 kilograms of cocaine in Chicago.

In the United States, Avila faces a maximum sentence of life in prison if she is convicted of charges of conspiracy to import and sell cocaine, according to a 2004 indictment filed in U.S. district court.

In a 2009 interview with Anderson Cooper that aired on “60 Minutes” and CNN, Avila denied the charges against her, and blamed Mexico’s government for allowing drug trafficking to flourish.

“In Mexico there’s a lot of corruption, A lot. Large shipments of drugs can come into the Mexican ports or airports without the authorities knowing about it. It’s obvious and logical. The government has to be involved in everything that is corrupt,” she said.”

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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 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?

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Kozeny Won’t Be Sent to U.S., U.K. Privy Council Rules

March 28, 2012

BusinessWeek.com on March 28, 2012 released the following:

“By David Glovin

Viktor Kozeny, the Czech-born businessman wanted in the U.S. where he’s accused of orchestrating a massive bribery scheme, won’t be extradited to New York from the Bahamas, the U.K.-based Privy Council ruled.

The Privy Council, the final court of appeal for some British Commonwealth countries, today affirmed a 2010 ruling by a Bahamas court refusing extradition. Kozeny, dubbed “the Pirate of Prague” in media reports, has been sought by U.S. prosecutors since 2005. He also faces unrelated fraud charges in the Czech Republic.

“We have prevailed on all points,” Kozeny, 48, said today in an interview from the Bahamas, which he hasn’t left since 1999.

The unanimous ruling by the five-judge council probably eliminates any chance that Kozeny will be returned to the U.S., where he faces federal charges for organizing a 1998 scheme to bribe government officials in Azerbaijan in return for rights to buy Socar, the state oil company.

Federal prosecutors in New York said he paid millions of dollars and promised billions more to spur the sale. A U.S. businessman, Frederic Bourke, is fighting his 2009 conviction on charges that he conspired with Kozeny. Socar was never sold.

Carly Sullivan, a spokeswoman for U.S. Attorney Preet Bharara in New York, declined to comment on the ruling.

Privy Council
The Privy Council said in a 22-page decision that it lacked jurisdiction to hear the case. It said Kozeny may not be extradited for bribery crimes that “would not constitute offenses against the law of the Bahamas if they took place within the Bahamas.”

The panel didn’t rule on the merits of the U.S. bribery case. The appeal of the prior extradition ruling was pursued by Bahamas prosecutors and supported by U.S. authorities.

Kozeny says the U.S. Foreign Corrupt Practices Act, which outlaws bribes to non-U.S. officials for business, didn’t cover him. U.S. prosecutors say the law applies to Kozeny, who brought American investors into the deal.

After the charges were unsealed in 2005, Kozeny spent 19 months in a Bahamas prison before being released to his family’s seaside estate, from where he’s fought extradition.

Benjamin Brafman, a New York lawyer who represents Kozeny in the U.S., said he doubted Kozeny would ever face charges in New York “unless he decides to come back.” The U.S. case is pending.

Feeling ‘Truly Vindicated’
Kozeny today expressed gratitude toward his lawyers and said he “felt truly vindicated” by the ruling. “They said it’s not a crime in the Bahamas,” he said. “They said it’s not a violation of the code over here.”

Kozeny, who may still face arrest if he leaves the Bahamas, said he will leave it to his lawyers to seek resolution of the charges. “At the most,” he said, the case should be settled with a “$10,000 civil violation.”

“This is obviously not a transaction that I would think about coming close to or repeating,” he said. Still, “it’s not much different from what happens all over the world.”

“It’s very painful to be accused that you crossed the line when you didn’t,” he added.

New York State prosecutors separately have accused Kozeny of stealing hundreds of millions of dollars from his U.S. investors in the Azerbaijan deal. Czech prosecutors have presented evidence to a court trying Kozeny in absentia on charges of embezzling $1.1 billion from mutual funds he established in the Czech Republic in the early 1990s.

A U.S. federal appeals court in December upheld Bourke’s conspiracy conviction. He has asked the Court of Appeals in Manhattan to reconsider and remains free pending the outcome.

The U.S. case is U.S. v. Kozeny, 05-cr-00518, U.S. District Court, Southern District of New York (Manhattan). The U.K. case is Superintendent of Her Majesty’s Foxhill Prison and the Government of the U.S. v. Kozeny, No. 73 of 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 and the United Kingdom here and the extradition treaty between the United States and Bahamas 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.