“Extradition Blocked for Latvian Malware Suspect”

August 8, 2013

The Wall Street Journal on August 8, 2013 released the following:

“European Human Rights Court Says Extradition Should Be Delayed for Duration of Proceedings

By JURIS KAŽA

RIGA, Latvia—The European Human Rights Court has blocked Latvia’s decision to allow the extradition of 27-year-old Deniss Calovskis to the U.S., two days after the Latvian government narrowly approved extradition to stand trial on several charges of conspiracy to commit computer and bank fraud in his alleged role in facilitating the Gozi virus.

Saulvedis Varpins, the attorney for Mr. Calovskis, said Thursday that he received a letter by fax from the EHRC saying extradition should be delayed for the duration of proceedings before the court. The letter was reviewed by The Wall Street Journal.

Mr. Calovskis is charged by U.S. authorities with helping to spread malware that infected thousands of computers and was allegedly used to facilitate the theft of millions of dollars. In recent interviews with Latvian media, Mr. Calovskis denied the charges and said he didn’t possess the programming expertise to do what the U.S. indictment alleged.

A slim majority of Latvia’s cabinet ministers approved his extradition Tuesday after determining he could receive a fair trial in the U.S., but Mr. Varpins raised an objection with the EHRC, saying the case is based on insufficient evidence and allegations made by an alleged co-conspirator while in U.S. custody.

Mr. Varpins said it could take “a couple of months” for the EHRC to resolve the issue since the petition he filed alleged procedural violations in the arrest of Mr. Calovskis, his detention and decisions by various Latvian courts and authorities.”

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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 Latvia 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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U.S. Loses Bid to Limit Disclosure in Dotcom Extradition

August 20, 2012

Bloomberg Business Week on August 16, 2012 released the following:

By Joe Schneider

“The U.S. lost a bid to limit the amount of information it must turn over to Megaupload.com founder Kim Dotcom, accused of orchestrating the biggest copyright infringement in the country’s history, in his fight against extradition from New Zealand.

New Zealand High Court Justice Helen Winkelmann today rejected a U.S. request to review a district court judge’s order to turn over evidence relating to Dotcom’s indictment, including all records obtained in connection with covert operations undertaken by agents involved in the investigation.

“The NZ High Court ruling in @KimDotcom case citing Bill of Rights protects Kim’s rights and the rights of all New Zealand residents,” Ira Rothken, a lawyer for Dotcom, wrote on Twitter following the ruling.

Dotcom, 38, was indicted in what U.S. prosecutors dubbed a “Mega Conspiracy,” accusing his file-sharing website of generating more than $175 million in criminal proceeds from the exchange of pirated film, music, book and software files. He faces as long as 20 years in prison for each of the racketeering and money-laundering charges in the indictment, with the U.S. seeking his extradition for a trial in Virginia.

The amount of documentation ordered to be turned over to Dotcom was unprecedented in the country or anywhere else for extradition cases, the U.S. had said.

“Disclosure in relation to extradition cases is extremely limited,” prosecutors had said, according to a summary of the arguments written by Winkelmann.

Extradition hearings are “essentially criminal in character” and the accused must be assured a fair hearing, according to New Zealand’s Bill of Rights, Winkelmann wrote.

“The more significant the rights affected, the more stringent the procedural rules designed to maintain the fairness of the process are likely to be,” the judge wrote.

The case is between United States of America and Kim Dotcom. Civ 2012-404-3026. High Court of New Zealand (Auckland).”

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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 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 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:

           Office Locations

Email:


Dutch supreme Court OKs alleged terror suspect extradition

April 18, 2012

Newsday on April 17, 2012 released the following:

“By The Associated Press MIKE CORDER (Associated Press)

THE HAGUE, Netherlands – (AP) — The Supreme Court approved Tuesday the extradition of a Dutch-Pakistani man wanted in the United States on suspicion of terror crimes including plotting a suicide attack on an American military base in Afghanistan.

The suspect, identified only as Sabir K. under Dutch privacy laws, was arrested in Pakistan last year and expelled to the Netherlands where he was sent to a high-security jail pending extradition.

In a written ruling, the Netherlands’ highest court rejected K.’s argument that he should not be extradited because he was tortured in Pakistan and that Americans were involved in the abuse.

He was indicted last June by a federal grand jury in New York.

The Supreme Court said its ruling cleared the last legal hurdle to K.’s extradition, which must be approved by the Dutch government, but his lawyer vowed to fight on.

“It is disappointing, but we still hold out hope this man will not be extradited,” attorney Andre Seebregts told The Associated Press in a telephone interview.

“We will now go to the minister for security and justice and should he agree with the extradition we will file and injunction in The Hague and after that we could go to the European Court of Justice,” Seebregts added. “We are not done.”

Seebregts said he had not spoken to his client to get his reaction since the ruling was issued.

In an unusual move, the Dutch Foreign Ministry released a statement last year saying that the Dutch consul in Pakistan visited K. twice while he was in detention and saw no signs of abuse, though it noted he was blindfolded coming and going to the visits.

The foreign ministry rejected claims by K. that the Dutch government assisted U.S. authorities by luring him to the Netherlands with false promises he would be freed once he left Pakistani soil.

According to a Dutch summary of the U.S. indictment, K. worked for and with al-Qaida between 2004 and 2010. It says he tried to kill U.S. soldiers in Afghanistan, including planning a suicide attack on a U.S. military base in Kunar province in 2010.

He was also charged with possession and use of guns and “destructive material,” presumably explosives, during attacks on U.S. troops.”

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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 Netherlands 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.


Singapore court says four suspects can be extradited to U.S.

February 10, 2012

CNN on February 10, 2012 released the following:

“From Elizabeth Neisloss, For CNN

Singapore (CNN) — A Singapore court ruled Friday that four people can be extradited to the United States to face conspiracy charges after electronic components from a U.S. company were smuggled to Iran and ended up in explosives in Iraq.

The case is part of an effort by the U.S. to link Iran with attacks on its forces in Iraq.
The four Singaporeans — three men and a woman — were arrested in late October. They contested the extradition proceedings, and have 15 days to appeal.

U.S. authorities indicted them, as well as an Iranian citizen, on charges of funneling thousands of radio frequency modules from the United States to Iran. The Iranian citizen, Hossein Larijani, remained at large at the time of the indictment.

The United States alleges that 16 of the radio frequency modules were later found in improvised explosive devices (IEDs) in Iraq that had not detonated. The explosive devices are often the weapon of choice for militants in Iraq, who regularly used them to attack U.S. and coalition convoys.

David Adelman, the U.S. ambassador to Singapore, welcomed the ruling.

“This ruling reflects the strong spirit of cooperation between the United States and Singapore in combating transnational crime, including the illicit trade in arms and equipment that can pose significant threats to the United States and the international community,” Adelman said in a statement.

Following the court’s decision Friday, two of the Singaporeans — Lisingm Yong Nam and Wong Yuh Lan, the female suspect — will be extradited to be charged with one count of conspiracy to defraud the United States in relation to the radio frequency modules.

The other two — Lim Kow Seng and Hia Soo Gan Benson — will be sent to the United States to be charged with one count of conspiracy to defraud the United States regarding the smuggling of dozens of military antennas, like those used on military aircraft and ships, from the United States to Hong Kong.

Lim Yong Nam, Lim Kow Seng and Hia plan to appeal, their lawyer said. Wong’s lawyer said he needed to talk to his client before saying whether she would appeal.

In making a decision on the extradition, the judge, Chia Wee Kiat, weighed the evidence provided by the U.S. indictment, citing emails, documents and affidavits from the U.S. case.

Chia said that if the alleged acts had indeed been committed, they would also be considered “conspiracy and cheating under Singapore law.”

He noted that the Singapore court’s role in considering the extradition request had been “to decide whether there is a prima facie case.” Chia said that “the task of resolving doubt and weighing the evidence should be left to the trial judge.”

The U.S. indictment alleges that the Singaporeans conspired to buy 6,000 radio frequency modules from an unidentified company in Minnesota and ship them through Singapore to Larijani in Iran.

The United States has in the past noted that Singapore — a major global transshipment port — needs to tighten its export controls, in particular of so-called “dual use” items, which can have both a civilian and military purpose

In this case, the radio frequency modules from the U.S. company have various commercial applications, including wireless local area networks to connect printers and computers in offices.

The United States says that radio frequency modules from the same U.S. company were recovered in 2008 and 2009 by coalition forces in Iraq as part of remote detonation systems for improvised explosive devices.

Prosecutors allege that the defendants told the Minnesota company that Singapore was the final destination for the components they were buying and also filed false paperwork with the U.S. government, saying the parts would be used in a Singapore telecommunications project.

The Singaporeans have been held without bail since their arrest, except Lim Yong Nam, who was released on bail on medical grounds.

They will all remain in prison until their extradition, except Lim Yong Nam, the judge said Friday.”

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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 Singapore 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.