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

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We previously discussed the extradition treaty between the United States and Mexico 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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Mexico extradites 3 to U.S.

August 6, 2012

Latino.FoxNews.com on August 5, 2012 released the following:

“Three suspects – two Mexicans and a U.S. citizen – wanted on sexual abuse and murder charges were extradited to the United States, the Mexican Attorney General’s Office said.

Gabino Vidal Jr. and Alejandro Madrigal, both Mexican citizens, and George Martinez, a U.S. citizen, were handed over by federal law enforcement agents to the U.S. Marshals Service and the FBI, the AG’s office said.

Vidal is wanted by a Kansas court for allegedly sodomizing his 12-year-old stepdaughter on May 19, 2001, the AG’s office said.

He was arrested on Jan. 4 and was held at a Mexico City prison pending extradition to the United States.
Madrigal is wanted for sexual assault in Santa Clara County, California.

He was arrested on March 9 and was held at a Mexico City prison until being cleared for extradition.

Martinez is wanted for first degree murder in Kane County, Illinois.

He was allegedly involved in a gang fight on Oct. 31, 2008, that led to the shooting death of a member of a rival gang.

Martinez was arrested on June 22, 2011, and held at a prison in the Gulf state of Veracruz, the AG’s office said.

The three suspects exhausted their appeals in the extradition process and were ordered sent to the United States, the Attorney General’s Office said. EFE”

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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.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Law officials map out strategy to catch more fugitives

January 13, 2012

Chicago Tribune on January 12, 2012 released the following:

“Federal, state, local agencies vow to work more closely together

By David Jackson and Gary Marx, Chicago Tribune reporters

At a 90-minute closed-door meeting Thursday, top federal, state and local law enforcement officials laid out plans to improve the government’s faltering efforts to apprehend violent fugitives who cross U.S. borders to evade justice in Illinois.

The officials from the Justice Department and various northern Illinois agencies pledged to more closely coordinate their international fugitive apprehension programs, better manage their mounting caseloads and train local prosecutors and police in the often-complex and lengthy extradition process.

“There’s a feeling that this is a growing problem, an expensive problem and a large challenge to our system of justice,” said U.S. Sen. Dick Durbin, who convened the meeting and spoke to reporters afterward. “I think the response at the table was extremely positive at all levels.”

Attending the working session with Durbin were U.S. Deputy Attorney General James Cole — the No. 2 official in the Justice Department — as well as U.S. Attorney Patrick Fitzgerald, the Chicago heads of the FBI and the U.S. Marshals Service, and Timothy Williams, director of Interpol in Washington.

The local officials included Cook County Sheriff Tom Dart, the state’s attorneys from Cook, DuPage and Will counties, representatives from the Illinois attorney general’s office, the Chicago Police Department and the Illinois State Police.

Durbin called together those officials in response to a recent investigative series by the Chicago Tribune that found dangerous criminals were able to cross the border and remain at large because of an astonishing lack of coordination among Justice Department officials, county prosecutors and local police; a failure by these agencies to keep track of their cases; and inexplicable, years-long delays.

After Thursday’s closed-door meeting, Durbin announced that Fitzgerald would train Illinois law enforcement agencies on the extradition system at three upcoming seminars in Chicago, Springfield and a third location outside Chicago.

Will County State’s Attorney James Glasgow later said through a spokesman that his office would “take full advantage” of the sessions and send “multiple attorneys.”

Durbin also urged county criminal court judges to set higher bonds for violent criminals who present flight risks — a weakness pointed out in the series.

And he endorsed a bill introduced by Illinois lawmakers that will make it possible to prosecute close family members for aiding or harboring a fugitive, another loophole highlighted by one article in the series. Prosecutors said the reform would help them locate fugitives and bring them to justice.

But Durbin did express frustration with significant hurdles that remain. Local prosecutors sometimes find it prohibitively expensive to prepare and translate the extensive legal paperwork needed to request a fugitive’s arrest and extradition from a foreign government. “We’re talking about thousands of dollars,” Durbin said.

Cook County State’s Attorney Anita Alvarez, who noted that her office has faced recent budget and staff cuts, added that “the cost that really is laid on local prosecutors is enormous.”

Another issue hampering extraditions is continued lack of cooperation between the lead federal investigative agencies: The U.S. Marshals Service is the primary investigative agency and handles about 60 percent of international fugitive pursuits, but the FBI also plays a major role, along with the Drug Enforcement Administration and other agencies. “It appears there is still some stovepipe culture in the federal agencies,” Durbin said.

Dart said outside the meeting that Justice Department officials need to lay out clear directives showing local officials which of the myriad federal agencies they should deal with when they have evidence that a fugitive has crossed the border.

“Everybody needs to get their act together,” Dart said. Right now, he said, the sheriffs “can go to the FBI or the U.S. marshals — but there’s no rhyme or reason.”

While the officials at Thursday’s meeting focused on international fugitive apprehension problems in northern Illinois, Durbin noted afterward that a number of federal officials have told him there was a higher level of cooperation and effectiveness here than in many other parts of the country.

“Illinois is not the worst situation in the country,” Durbin said. “This is a challenge across the nation.”

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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 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.


Fugitive cop who fled to Brazil likely to avoid extradition

September 9, 2011

Sun Sentinel on September 8, 2011 released the following:

“Fugitive cop who fled to Brazil likely to avoid extradition

By Megan O’Matz and Jerome Burdi, Sun Sentinel

BOYNTON BEACH— Fugitive David Britto may be out of reach of American authorities forever.

This city’s former Police Officer of the Year was under house arrest, awaiting trial on drug trafficking charges, when he cut the electronic monitoring bracelet from his ankle Aug. 24 and hopped on a plane in Miami, bound for his native country, Brazil, according to court documents filed Wednesday.

Brazil’s constitution prohibits the extradition of Brazilian nationals.

“Basically he’s gone unless the Brazilian government, through political pressure, allows U.S. agents to pick him up,” said attorney David Rowe, an adjunct law professor at the University of Miami and an extradition expert.

Britto, 28, appears to have successfully gambled on a high-stakes escape, rather than risk facing years in prison. He is to stand trial beginning Tuesday.

The daring run, however, raises questions about how he pulled it off and who, if anyone, helped him.

On Thursday, the U.S. Marshals Service, which is spearheading the hunt for Britto, said federal agents are looking at every possible way of getting Britto back to Miami, where he faces one count of conspiring to possess and traffic 500 grams of methamphetamine.

“We’re still pursuing him,” Marshals Service spokesman Barry Golden said. “He’s one of the big cases that are on the top of our list … We’re still tracking down every lead. We’re trying to get him back into custody at all costs.”

Attempts to get Britto back are sure to be challenging, if not downright impossible.

A 1964 treaty between the United States and Brazil allows for the extradition of anyone accused or convicted of a crime carrying a sentence of a year or more.

But in 1988, Brazil amended its constitution, expressly stating that “no Brazilian shall be extradited.”

People born elsewhere who become Brazilian citizens, however, can be handed over if they’re charged with certain drug-related crimes. Foreigners who find safe harbor in Brazil and are accused of political crimes elsewhere are not extradited.

The strict policy has strained Brazil’s diplomatic relations.

Earlier this summer Italy denounced Brazil for refusing to turn over political refugee Cesare Battisti, a former Italian militant, convicted in absentia of killing four people in the 1970s.

Meanwhile, Brazil’s refusal to extradite an Ohio woman, Claudia Hoerig, charged in the 2007 murder of her husband, has outraged an Ohio congressman.

U.S. Rep. Timothy Ryan, a Democrat, introduced legislation in June to withhold $14 million a year in aid to Brazil until it reverses its ban on extraditing nationals. The bill is in a House committee.

Ryan has gone so far as to post an ever-changing clock on his website, showing the number of days, hours, minutes and seconds that Hoerig “has escaped justice.” On Thursday, it registered 1,641 days.

“It’s been a nightmare experience on our end up here,” Trumbull County, Ohio, Prosecuting Attorney Dennis Wilkins said of efforts to extradite Hoerig. “I’ve dealt with President [George W.] Bush, Condoleezza Rice, the attorney general and now with [President Barack] Obama and Hillary Clinton, and we’ve not gotten satisfactory action.”

In Florida, the tamper alert on Britto’s ankle bracelet went off the night of Aug. 24, notifying a federal probation officer, according to court records. But U.S. Marshals were not told until the next morning. Only then was a warrant was issued for his arrest, authorities said.

That gave Britto a window of time to escape.

“You cannot respond the next morning. That’s a major security breach,” said Rowe, the University of Miami law professor.

Court documents say Britto, who speaks Portuguese, boarded a plane Aug. 24 in Miami bound for Brasilia, the capital of Brazil.

It is unclear what documentation he used to board the international flight.

As a standard condition of bond, Britto had to relinquish “all passports and travel documents” to the Pretrial Services Office.

“Mr. Britto’s Brazilian passport was revoked as a standard condition of release by the court,” said Laura Sweeney, a Justice Department spokeswoman in Washington.

Britto was free on a $100,000 bond. He and his mother signed for half the bond and the other half was guaranteed by bailbonds.com, a Miami company.

Britto may be able to live out his days in Brazil, but he likely is landlocked, said Douglas McNabb, whose Washington, D.C., firm specializes in international extradition law.

Federal authorities likely will file a lifetime “red notice” with Interpol’s 188 member countries that will trigger Britto’s arrest if he leaves Brazil.

“He may leave Brazil a month from now or 30 years from now and go to Costa Rica,” McNabb said. “And when he goes through customs, his red notice [shows up].”

That’s what happened to director Roman Polanski, who was arrested in 2009 in Switzerland after being wanted by the United States since 1978 on a statutory-rape conviction. He hid in France, avoiding extradition countries, until he was captured. Polanski was freed by Swiss authorities on a legal technicality the following year.

It’s unknown if someone helped Britto reach Brazil.

According to his website, http://www.blessedwarrior.com, he was born in Brazil and moved to Queens, N.Y., when he was 7.

He joined the Boynton Beach police in 2006.

The Police Department still has an open internal investigation into Britto’s escape, but he’s likely to be fired soon, police said Thursday.”

To find additional federal criminal news, please read Federal Crimes Watch 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.

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John Boulachanis Captured by the U.S. Marshals in Florida as One of Quebec’s Most Wanted Fugitives

June 20, 2011

U.S. Marshals Service on June 18, 2011 released the following press release:

“Washington – An intense manhunt has ended with the capture of John Boulachanis, a fugitive wanted on an international level. Boulachanis was apprehended in Miami Thursday.

Boulachanis is the subject of an INTERPOL Red Notice issued at the request of Canadian authorities for his role in a brutal slaying that occurred in Quebec, Canada, in 1997.

Boulachanis was also being sought by Canadian law enforcement for criminal charges of fraud, arson, narcotics trafficking, conspiracy and weapons offenses. Franklin County, Va. holds an outstanding felony fugitive warrant for Boulachanis as well, issued for three counts of obtaining money by false pretenses.

In April 2011, INTERPOL Ottawa requested the assistance of INTERPOL Washington in locating Boulachanis. According to the Surete’ du Quebec Homicide Squad, Boulachanis had been previously located in New Jersey in 2009, but fled before investigators could make an appropriate identification and arrest.

The case was referred to the INTERPOL Washington Fugitive Division after having been made a priority by the USMS and INTERPOL Headquarters in Lyon, France, in response to an earlier international fugitive initiative entitled “INFRA-RED.” Agents assigned to the INTERPOL Washington Fugitive Division from the U.S. Marshals Service and the Pinellas County (Florida) Sheriff’s Office conducted the investigation.

“The arrest of Boulachanis shows that, no matter how far this fugitive ran, he couldn’t escape the coordinated, international effort to apprehend him,” said Geoff Shank, Assistant Director of the Investigative Operations Division of the U.S. Marshals Service. “I thank our law enforcement partners both here and in Canada for their assistance in bringing this dangerous criminal to justice.”

In May 2011, investigators were able to ascertain Boulachanis and an accomplice had assumed multiple identities supported by fraudulent documents. He has evaded capture by assembling a complex labyrinth of intentional disinformation, telephone numbers, addresses, financial accounts and postal boxes in Canada and the United States.

On Thursday, at the request of INTERPOL Washington and the U.S. Marshals Service Investigative Operations Division, members of the U.S. Marshals Service Southern Florida Regional Fugitive Task Force in Miami captured Boulachanis as he landed a small aircraft at an airfield in Miami. He was in possession of a fraudulent diplomatic passport, a fraudulent pilot’s license and an unlicensed semi-automatic weapon. The Department of Homeland Security Immigration and Customs Enforcement took his accomplice into custody.

Boulachanis is currently in the custody of the U.S. Marshals Service awaiting extradition to Canada where he faces life in prison.

The arrest of Boulachanis was the result of the combined efforts of the U.S. Marshals Service Investigative Operations Division, Southern Florida Regional Fugitive Task Force, Western District of Virginia, Jacksonville Fugitive Task Force, and the New York and New Jersey Regional Fugitive Task Force; the Pinellas County Sheriff’s Office; the Surete’ du Quebec Homicide Squad; the U.S. Department of Justice Office of International Affairs; the Franklin County (Virginia) Sheriff and Commonwealth Attorney’s Offices; the U.S. Attorney’s Office for the Western District of Virginia; the Michigan State Police; the Nebraska State Police; the Federal Bureau of Investigation; the Department of Homeland Security Immigration and Customs Enforcement; the U.S. Coast Guard; the U.S. Postal Inspection Service; INTERPOL Ottawa; and INTERPOL Washington.”

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.

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Haitian Legal Advisor Extradited to U.S.; Faces Alleged Alien-Smuggling Charges

September 14, 2010

A man who provided legal advice to 10 U.S. Baptists accused of kidnapping 33 Haitian children after January’s earthquake has been extradited from the Dominican Republic to the United States on alien-smuggling charges, the U.S. Marshals Service said.

Jorge Torres-Puello, also known as Jorge Torres Orellana, was arrested March 18 in Santo Domingo, capital of the Dominican Republic. The Caribbean nation recently ordered his extradition, and Torres-Puello was escorted Monday to Vermont, where he faces charges.

After Haitian authorities detained 10 U.S. missionaries this year on kidnapping and abduction charges, Torres-Puello contacted their church in Idaho, saying he was a legal authority on Haitian and Dominican law, the Marshals Service said.

Torres-Puello, also known as Orellana, and is apparently also wanted by El Salvadoran authorities for human trafficking charges. Torres-Puello has admitted that his is in fact Orellana, but denies the charges against him.

Torres-Puello is a Dominican who was born in New York, the Dominican Republic’s National Drug Control Agency said at the time of his arrest.

Torres-Puello faces charges in the United States of conspiracy to take foreigners into the country illegally.

In El Salvador, he and his wife, Ana Josefa Ramirez Orellana, face charges of presumed sexual exploitation of minors and women, the agency said. The drug agency claims Torres-Puello forced Nicaraguan and Dominican children to work as prostitutes in El Salvador.

Torres-Puello has denied those allegations.

In addition to Vermont, Torres-Puello is wanted in Philadelphia, Pennsylvania, for probation violations for fraud, the U.S. Immigration and Customs Enforcement agency said. He also is wanted in Canada.

The 10 U.S. Baptist missionaries were arrested January 29 as they attempted to cross the Haitian border with the Dominican Republic with 33 Haitian children. Haiti said the missionaries did not have legal paperwork for the youngsters and held them on child-trafficking charges.

The missionaries, known as the New Life Children’s Refuge, denied any wrong-doing, saying they had received permission to take the children to a Dominican orphanage.

Nine of the 10 missionaries were released later, but group leader Laura Silsby was detained until a trial in May. She was found guilty and sentenced to time served. She and the others have returned to the United States, most of them to Idaho.

The 7.0-magnitude January 12 earthquake in Haiti killed 230,000 people, injured about 300,000 and left 1 million people homeless, the Haitian government said.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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.

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