Marine Accused of Murder Faces Extradition to the U.S.

A member of the House Armed Services Committee has called for the Department of Defense to review what he believes is a botched investigation of a case involving a corporal accused of the murder and rape of a pregnant Marine.^[1]

Authorities have alleged that Cpl. Cesar Laurean, killed fellow Marine Maria Lauterbach in mid-December of 2007. Laurean is currently awaiting extradition back to the United States after his arrest in Mexico. He has been charged with murder.^[2]

Rep. Michael Turner contends that "As additional details of the rape investigation have become public, it is now clear that the Marine Corps should have done more to protect Maria and her unborn child."^[3]

Turner also points out that from the first time Lauterbach reported the rape it took seven days for the Naval Criminal Investigative Service to interview Laurean about the allegations. In addition, he states that a DNA sample was not sought from Laurean during the course of the rape investigation.^[4]

Furthermore, the congressmen contends that the Marine Corps has acknowledged the lapse of a military protective order due to an administrative oversight and that Lauterbach was not advised to pursue a civilian protection order when she moved off base.^[5]

Turner has also said that Lauterbach was not offered a transfer to another base after reporting that she had been raped while on duty. Moreover, he states that the Marine Corps described Laurean as a "stellar" Marine four days following the discovery of Lauterbach's body in Laurean’s backyard.^[6]

There were also periods of as much as three weeks during which the discovery of key pieces of information regarding Lauterbach's disappearance went unreported to base officials, Turner said.^[7]

The Marines stand by their January statement which described the actions taken from the time Lauterbach made the allegations until her death was reported.^[8]

According to Lt. Col. Curtis Hill, "The command took the appropriate and diligent steps to facilitate a criminal investigation into Lauterbach's allegations and to keep her separated from the accused by distance and an order to the accused to remain away from her."^[9]

Laurean and Lauterbach served on the same logistics unit.^[10]

Extradition from Mexico to the United States is governed by the 1980 extradition treaty.^[11] This often-utilized treaty is of the hybrid variety; it contains both a laundry list of extraditable offenses and a dual criminality standard.^[12]Under Article 2, extraditable offenses under the treaty must be both: listed under the Appendix (the “laundry-list”), and punishable in accordance with the laws of both Contracting Parties by deprivation of liberty the maximum of which shall not be less than one year (“dual criminality”).[13]
Federal criminal defense attorney Douglas McNabb, has written extensively on the subject of international extradition. Some of his work on the subject may be found here.

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[1] The Associated Press, Congressman Calls for Review of Slain Marine's Rape Claims, The Associated Press, April 24, 2008 (available at www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Treaty of Extradition between the United States of America and the United Mexican States (Mexico), U.S.-Mex., Jan. 25, 1980, 1978 U.S.T. LEXIS 317.
[12] Id. at Art. 2.
[13]Id.

South Korean Business Man Extradited from U.S. Sentenced to 10 Years in Prison

A former business partner of South Korean President Lee Myung-bak was sentenced by a South Korean court to 10 years in prison for stock manipulation, embezzlement and forgery, according to court officials.^[1]

In addition, the Seoul Central District Court fined Korean-American fund manager Kim Kyung-jun $15 million in a case that faced Lee over the course of a campaign which led to his election victory in December.^[2]

Court spokesman Ma Yong-joo stated that Kim had counterfeited seven U.S. passports and over a dozen other U.S. public documents.^[3]

State prosecutors, as well as independent counsel have cleared Lee of financial fraud allegations which accused him of participating with Kim in a stock price manipulation case.^[4]

Kim, who once partnered with Lee to set up an Internet financial firm, was extradited from the United States in November.^[5]

Kim was found guilt of making millions of dollars by fixing stock prices from a separate investment company and then fleeing to the United States.^[6]

Rivals of President Lee have alleged that the money used for the stock manipulation came from BBK, a third investment firm and that Lee was the owner of BBK. Were this to be true it would implicate Lee in the stock manipulation case.^[7]

Lee has strongly countered these allegations, maintaining that they are part of a plot by political rivals to discredit him.^[8]

Under the terms of the United States-South Korean extradition treaty, the type of investment fraud that Kim was charged for is extraditable because it is a crime in both the United States and in South Korea; the treaty states that “[a]n offense shall be an extraditable offense if, at the time of the request, it is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty.”^[9] This is commonly referred to in extradition law as the rule of dual criminality.

Federal criminal defense attorney, Douglas McNabb has written extensively on the laws governing international extradition. Some of his work on the subject can be found here.

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[1] The Associated Press, Korean-American Gets 10 Years in Jail, The Associated Press, April 17, 2008 (available at www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Extradition Treaty, Jun. 9, 1998, U.S.-S. Korea, art. 2, para. 1, S. Treaty Doc. No. 106-2 (1999).

Alleged Arms Trafficker Appeals to Russia to Prevent Extradition

In a televised statement from a Thai prison, a Russian citizen alleged to be among the world's foremost black market arms dealers has reached out to the Kremlin to help secure his release.^[1]

Arrested March 6, Viktor Bout, who sometimes has been referred to as ''The Merchant of Death,'' was taken into custody in Bangkok as the result of a U.S.-led sting operation.^[2] Following that arrest, he was charged with conspiracy for allegedly attempting to smuggle missiles and other weapons to a U.S.-designated terrorist organization in Columbia.^[3]

Thai police have stated that they will seek approval from the court to extradite Bout to the United States. They said Bout could remain in custody for up to 60 days while the extradition hearings are pending.^[4]

Bout spoke from behind bars in a statement broadcast by Russia Today television, where he rejected what he referred to as ''fabricated American accusations'' and pleaded with Russian authorities to help secure his release.^[5]

''I, Viktor Bout, appeal to the government of the Russian Federation as a citizen. I'm asking you to take measures to free me, because I have been jailed and held under guard under fabricated accusations,'' Bout told Russia Today.^[6]

Facing several counts of ''conspiracy to provide material support to a foreign terrorist organization”, Bout is alleged to have sold and transported weapons, including portable surface-to-air missiles to the Revolutionary Armed Forces of Colombia, or FARC.^[7]

Accused of being one of the world's most wanted arms traffickers, Bout's alleged list of customers since the early 1990s includes African dictators and warlords, including former Liberian President Charles Taylor, Libyan leader Moammar Gadhafi and both sides of the civil war in Angola. In addition, he has been accused of violating several U.N. arms embargoes.^[8]

As stated before in this blog, extradition from Thailand to the United States is conducted on a dual-criminality basis.^[9] The dual criminality principle states that an offense must be a crime in both the requesting as well as the requested country for extradition to take place.^[10] According to the criminal complaint filed against Bout, he is being charged under 18 U.S.C. 2339B for conspiracy to provide material support to a foreign terrorist organization. Thus, it must be shown that a similar offense exists in Thailand.

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] The Associated Press, Alleged Russian Arms Dealer Asks Kremlin to Help Set Him Free, International Herald Tribune, April 9, 2008 (available at International Herald Tribune).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Extradition Treaty, Dec. 14, 1983, art. 2, para. 1, S. Treaty Doc. No. 98-16.
[10] Id.

Ian Norris to Remain in U.K. After Court Rules Against Extradition

The U.K.’s highest court has recently ruled that a British executive will not be extradited to Pennsylvania for alleged price-fixing in the 1990s.^[1]

The decision in the case of Ian Norris, former chief executive of Morgan Crucible, is likely to have the effect of protecting a number of other former executives from extradition.^[2]

The court ruled that while Norris may still face extradition on grounds that he allegedly obstructed a U.S. federal investigation, he will not be extradited on price fixing charges because those charges did not constitute a crime in the U.K. until 2003, far after Norris is alleged to have engaging in the price fixing.^[3]

The extradition treaty between the U.S. and Britain states that the charge forming the basis for an extradition must be a crime in both countries.^[4] This is known as the dual criminality rule. The rule of dual criminality defines an extraditable offense as one punishable under the laws of both Contracting States.^[5]

Due to the U.K. not having an anti-cartel law until 2003, prosecutors from the United States attempted to accuse Mr. Norris of conspiracy to defraud, an offense that has long been recognized in the U.K.^[6]

The ruling in favor of Mr. Norris prolongs what has already been a five year legal battle between Norris and the United States Department of Justice.^[7] Had the decision gone against Norris, he would have been the first foreigner extradited to the United States on price-fixing charges.^[8]

Authorities contend that the next step will be a review by a magistrate’s court of whether Mr. Norris can be extradited on obstruction of justice charges.^[9]

Attorneys for Mr. Norris stated that they will continue to fight the case, claiming that Norris’s battle with prostate cancer and other physical maladies, coupled with the frailty of his wife would make his extradition a violation of European human rights laws.^[10]

Interestingly enough, Norris’s defense counsel had previously worked out a deal with European authorities to be granted immunity; however, they failed to work out a similar deal with U.S. authorities leading to his indictment in the United States. Now the legal battle between Norris and the U.S. will continue.

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] Megan Murphy, Court Bars Extradition of Briton in Cartel Case, Financial Times, March 13, 2008.
[2] Id.
[3] Id.
[4] Id.
[5] Posting of McNabb Associates, P.C., at McNabbassociates.com (available at http://www.internationalextradition.com/extradition.htm).
[6] Megan Murphy, Court Bars Extradition of Briton in Cartel Case, Financial Times, March 13, 2008.
[7] Id.
[8] Id.
[9] Id.
[10] Id.

Alleged Co-conspirator in Arms Dealing Case Appears in Court; Bout Awaits Extradition

A man accused of assisting alleged Russian arms dealer, Viktor Bout, in the sale of millions of dollars in weapons to a U.S.-designated terrorist organization has appeared in a Manhattan courtroom to face conspiracy charges.^[1]

Andrew Smulian, the alleged co-conspirator of Viktor Bout, was held without bail after a brief appearance in U.S. District Court.^[2] His is charged with conspiracy to deliver weapons to Colombia's leftist rebels. He did not enter a plea at this hearing.^[3]

According to prosecutors, Smulian was arrested at 9 a.m. Friday in New York His lawyer has declined to comment on the arrest.^[4]

Bout, was arrested in Thailand at the request of the United States after eluding arrest for years, authorities said.^[5]

Bout has long denied being involved in illicit arms selling and has never faced prosecution on such charges despite investigations in several countries. He is currently facing extradition to the U.S.^[6]

According to the allegations made by prosecutors, the two men conspired to sell millions of dollars worth of weapons, including surface-to-air missiles and armor-piercing rockets, to the Revolutionary Armed Forces of Colombia (FARC).^[7]

The FARC, a leftist group which has been fighting Colombia's government for over 40 years, is designated by the U.S. as a terror group.^[8]

Both Smulian and Bout are charged with ''conspiring to provide material support to a foreign terrorist organization.''^[9]

According to the criminal complaint, confidential sources directed by the Drug Enforcement Administration posed as members of FARC while negotiating to buy arms from Bout.^[10]

Thai authorities have stated that Viktor Bout will be tried in Thailand prior to being extradited to the United States.^[11] This is in line with Article 12 of the extradition treaty between Thailand and the United States.^[12] That article states that surrender of an individual to a requesting state may be deferred in cases where the person to be extradited is being proceeded against or has been convicted of a different offense in the requesting state.^[13]

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] Associated Press, Alleged Accomplice to Purported Russian Arms Smuggler in NY Court, Associated Press, March 10, 2008 (available at www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Amy Kazmin and Catherine Belton, Suspected Arms Dealer Faces Thai Trial, Financial Times, March 7, 2008 (available at www.ft.com).
[12] Extradition Treaty, Dec. 14, 1983, art. 12, S. Treaty Doc. No. 98-16.
[13] Id.