“USA Denies Extradition of Former Bankers for Third Time”

July 3, 2013

Prensa Latina on July 3, 2013 released the following:

“Quito, Jul 3 (Prensa Latina) The National Court of Justice of Ecuador reported that the U.S. State Department refused for the third time the extradition of the brothers William and Roberto Isaias, allegin “not supported by evidence” for the prosecution of bank embezzlement.

According to a verbal note from the U.S. Embassy here, on the extradition request against the Isaias brothers, it was reported the refusal to the request of those involved in the biggest scam to the people of Ecuador, the “bank holiday” in 1998.

The considerations of the U.S. State Department for the refusal was based on a history of prior applications of the Ecuadorian State dated on August 16, 2001, July 7, 2008 and December 22, 2009.

According to digital newspaper Ecuadorinmediato, such applications state that the Isaias brothers misappropriated millionaire funds from the Filanbanco provided by the Central Bank of Ecuador during their tenure as executives.

The State Department claims that “Ecuador has not provided evidence that the Isaias brothers deliberately participated in the planning of misappropriation (embezzlement), nor distracted Central Bank funds in the amount of money specified”.

In this regard, Ecuadorian Foreign Minister Ricardo Patiño said that the United States has received all the documentation to prove the liability of the defendants, but that nation uses “justifications for non-compliance” with the order.

The communications provided by the State Department, between 19 and 20 June this year on the third refusal to extradite the brothers Isaiah, occured three days before the departure of former CIA technician Edward Snowden for Hong Kong and his subsequent application for asylum to Ecuador.

The extradition of the Isaias brothers has caused tensions between Ecuador and the United States, and was the subject of the conversation between Vice President Joseph Biden, and President, Rafael Correa, on Friday 28th June for Snowden application.”

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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 Ecuador 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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Ex-‘Survivor’ producer’s extradition in wife’s slaying is upheld

December 22, 2011

Los Angeles Times on December 22, 2011 released the following:

“A federal judge has ruled that there is enough evidence to justify extraditing a former “Survivor” TV show producer to Mexico to face trial in his wife’s slaying.

Bruce Beresford-Redman is charged with killing his wife, Monica, while on holiday in Cancun. Her body was found in a sewer at the resort hotel where the couple was vacationing with their children in April 2010.

The couple had allegedly argued about his infidelities at the hotel, and other hotel guests reported hearing loud noises and cries for help coming from the room.

In July, a U.S. magistrate judge ruled there was probable cause to extradite Beresford-Redman to Mexico.

The producer, who maintains he is innocent, asked U.S. District Court Judge Philip S. Gutierrez to overturn the decision, saying there was not enough evidence to constitute probable cause for extradition.

Gutierrez denied the request Wednesday, citing “pages upon pages of competent evidence demonstrating that the fugitive committed the offense for which extradition was sought.”

“The Certification [of Extraditability] summarizes the infidelity, fighting, screaming from the hotel room, the fugitive’s opportunity to dispose of the victim’s body, the ultimate location of the victim’s body (25 meters from the hotel room), the victim leaving her cellphone behind, scratches and abrasions upon the fugitive’s body, and the fugitive’s flight. All of this evidence points to homicide committed by the fugitive,” he wrote.

The defense team could still file a petition with the U.S. 9th Circuit Court of Appeals to overturn the decision. Otherwise, the U.S. State Department will make the ultimate decision on the extradition request.”

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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 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.


Man charged in fatal ICE ambush

December 22, 2011

El Paso Times on December 22, 2011 released the following:

“By Diana Washington Valdez \ El Paso Times

A man accused of taking part in the Feb. 11 slaying of an Immigration and Customs Enforcement special agent that also left a second ICE agent wounded was charged on Wednesday in Washington, D.C., after Mexico extradited him to the United States.

Julian “Piolin” Zapata Espinoza faces charges for his alleged role in the murder of ICE Special Agent Jaime Zapata of Brownsville, and the attempted murder of ICE Special Agent Victor Avila of El Paso.

“The extradition and charges filed against Zapata Espinoza is an important step in bringing Jaime and Victor’s alleged shooters to justice,” ICE Director John Morton said. “All of us at ICE are encouraged by today’s action and appreciate the unwavering work and support of all our law enforcement partners in this case.”

“The indictment unsealed today and the successful extradition of ‘Piolin’ to the United States reflect the Justice Department’s vigorous and determined efforts to seek justice for Agents Zapata and Avila,” said Assistant Attorney General Lanny A. Breuer. “We will continue to work closely with our law enforcement partners in Mexico to hold violent criminals accountable.”

On April 19, a federal grand jury in the District of Columbia returned a four-count indictment against Zapata Espinoza, charging him with one count of murder of an officer or employee of the United States, for the murder of Jaime Zapata; one count of attempted murder of an officer or employee of the United States; and one count of attempted murder of an internationally protected person, both for the attempted murder of Avila; and one count of using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence causing death.

Zapata Espinoza, who is being held without bond, appeared in U.S. District Judge Royce Lamberth’s court and pleaded not guilty. His next appearance in court is scheduled for Jan. 25.

In a statement, the Mexican National Defense Secretariat said Mexican soldiers captured Zapata Espinoza on Feb. 23, along with other alleged members of the Zetas drug cartel.

Military officials said Zapata Espinoza “stated he was in charge of the group of gunmen that shot the U.S. agent, (and that) he said that this event was a mistake because they thought that the people in the (U.S. agents’) vehicle were members of an antagonistic (rival) group.”

U.S. officials said the two U.S. agents were traveling from a meeting in San Luis Potosi to Mexico City the day they were ambushed by a group of armed men.

Zapata, who began his law enforcement career with the Border Patrol, was assigned to the U.S. Embassy in Mexico.

Avila, the ICE agent who was shot twice in the leg, recovered from his wounds.

One of the charges is that Zapata Espinoza participated in the attempted murder of an “internationally protected person,” according to the indictment against him.

“He was apparently a U.S. federal agent that pursuant to international law had special protection,” said Douglas C. McNabb, a lawyer and senior principal with McNabb Associates PC, a global criminal defense firm with a website at www.mcnabbassociates.com.

Sheldon Snook, a deputy court clerk in the U.S. District Court of Washington, D.C., said the U.S. Attorneys Manual defines “internationally protected persons” based on U.S. legislation and United Nations conventions, including the Vienna Convention.

Such persons can include heads of state, diplomats and others that in this case the U.S. State Department has determined holds the status.”

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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.


Did WikiLeaks Use File Sharing to Obtain Classified Documents?

January 25, 2011

WikiLeaks, condemned by the U.S. government for posting secret data leaked by insiders, may have used music and photo sharing networks to obtain and publish classified documents, according to a computer security firm.

Tiversa Inc., a company based in Cranberry Township, Pennsylvania, has evidence that WikiLeaks, which has said it doesn’t know who provides it with information, may seek out secret data itself, using so-called “peer-to-peer” networks, Chief Executive Officer Robert Boback claimed. He said the government is examining evidence that Tiversa has turned over.

The company, which has done investigative searches on behalf of U.S. agencies including the FBI, said it discovered that computers in Sweden were trolling through hard drives accessed from popular peer-to-peer networks such as LimeWire and Kazaa. The same information obtained in those searches later appeared on WikiLeaks, Boback said. WikiLeaks bases its most important servers in Sweden.

The London attorney for WikiLeaks, Mark Stephens, has stated Tiversa’s claim is completely false.

According to Tiversa, in a 60-minute period on Feb. 7, 2009, using so-called Internet protocol addresses that every computer, server or similar equipment has, Tiversa’s monitors detected four Swedish computers engaged in searching and downloading information on peer-to-peer networks. The four computers issued 413 searches, crafted to find Microsoft Excel spreadsheets and other information-rich documents among some of the 18 million users the company estimates are on such file-sharing networks at any given moment.

Those searches led to a computer in Hawaii that held a survey of the Pentagon’s Pacific Missile Range Facility in that state. Tiversa captured the download of the PDF file by one of the Swedish computers. The document was renamed and posted on the WikiLeaks website two months later, on April 29, 2009, according to a mirror image of the site.

However, it is debatable whether U.S. State Department cables would be accessible on a peer-to-peer website. Although many government agencies configure computers so that employees cannot install or access P2P software on them, it is possible for file sharing to occur if an employee transfers work documents to a personal computer with file sharing software.

To view the Bloomberg article in its entirety, please click here.

For additional reading on WikiLeaks and file sharing, please click here.

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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