McNabb in the News

Senior Principal Douglas McNabb is quoted in the Pittsburgh Tribune-Review regarding the extradition of former Russian nuclear minister Yevgeny Adamov.

"He may choose to cooperate because he'd save his own skin," said Douglas McNabb, senior principal partner with McNabb Associates, a global criminal defense group with offices in Washington, D.C., Houston, London and Milan. "If I was Russia, I'd be incredibly worried that Mr. Adamov could disclose national security secrets the United States did not know about and confirm ones the U.S. suspected."

…

McNabb, who is not involved in the case, said he doesn't believe the U.S. has ulterior motives for wanting Adamov. But the fact Adamov could be prosecuted and divulge intelligence secrets is a win-win for the United States, he said.^[1]

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[1] Jason Cato, Russians Fear Nuclear Expert Will Spill Secrets, Pittsburgh Tribune-Review, Nov. 27, 2005.

McNabb in the News

Senior Principal Douglas McNabb is quoted in the Prague Post in connection with the extradition of Viktor Kozeny.

"If there is some question from the Bahamas on the disputed extradition treaty, the government will probably favor the United States," said Douglas McNabb, a defense attorney with McNabb Associates, P.C., a Washington, D.C.–based international law firm that specializes in criminal defense.

McNabb also said the United States would not likely extradite Kožený to the Czech Republic "until they have their pound of flesh."^[1]

Mr. McNabb, however, takes issue with the attribution of “until they have their pound of flesh.” This is not an accurate representation of Mr. McNabb’s opinion.

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[1] Scott Domer, On the Run from Czech Authorities, Prague Post, Nov. 24, 2005.

Extradition to Italy—CIA Agents

The Italian extradition request for 22 CIA agents suspected of kidnapping a popular Milan Imam has become quite a bit more complicated. Italian Justice Minister Roberto Castelli has questioned the motives of Italian prosecutor Armando Spataro, the man who spurred the request.^[1] He is “examining the paperwork to understand if the accusations are well-grounded or are simply linked to a type of anti-Americanism that unfortunately runs through the left.”^[2] According to Minister Castelli, Mr. Spataro is known as a “militant” who had voted in the recent center-left primary that elected an opponent to face Italian Premier Silvio Berlusconi next spring.^[3]

Mr. Spataro has brushed aside those accusations. At an anti-terrorism conference in New York, Mr. Spataro vowed to continue to fight for the extradition of the 22 agents, even raising the possibility of prosecuting them in absentia.^[4] To proceed, such a trial would need only the permission of Milan Judge Chiara Nobili, who approved the warrants for the agents’ arrest.^[5]

Convicting the defendants in absentia, however, may prove to be a foolhardy move. According to the “Non Bis in Idem” clause in the extradition treaty between the United States and Italy, “Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested.”^[6] Furthermore, “[i]f the person sought has been convicted in absentia” all issues “relating to this aspect of the request shall be decided by the Executive Authority of the United States or the competent authorities of Italy.”^[7] In such a situation, a statement regarding the procedures that would be available to the person sought if he were to be extradited must be provided.^[8]

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[1] Italian Questions Prosecutor’s Motives, Associated Press, Nov. 22, 2005, available here.
[2] Id.
[3] Id.
[4] John Crewdson, Italy Prosecutor, Boss Clash Over CIA Case, Chicago Tribune, Nov. 23, 2005, available here.
[5] Id.
[6] Extradition Treaty, Oct. 13, 1983, U.S.-Italy, art. VI, S. Treaty Doc. No. 98-20 (1984).
[7] Id. art. X para. 5.
[8] Id.

McNabb in the News

Senior Principal Douglas McNabb is quoted in the Toronto Star in an article about Lord Conrad Black.

If Black fails to appear at the hearing, the U.S. Attorney's office would likely ask a Canadian court to issue a provisional warrant that would direct police here to arrest him, said Douglas McNabb [who] which acted as an expert witness at an extradition hearing involving three former Enron Corp. bankers in the U.K.^[1]

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[1] Black Expected to Skip U.S. Court Hearing, Toronto Star, Nov. 22, 2005.

McNabb in the News

Senior Principal Douglas McNabb has been quoted in Canada’s Macleans magazine regarding Lord Conrad Black’s indictment.

All that will do little to cool the fervour of U.S. authorities pursuing Black, says Douglas McNabb, a lawyer specializing in U.S. federal criminal defence law. "The U.S. has indicted Mr. Black. The U.S. wants Mr. Black to stand trial in Chicago," he says. "They are going to take whatever legal steps they need to to have him brought to the U.S. to stand trial in the U.S."^[1]

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[1] Steve Maich, Will He Stay or Will He Go?, Macleans, Nov. 22, 2005.

McNabb in the News

The McNabb Associates transnational crimes blog, was featured in a Financial Times blurb concerning the indictment of Lord Conrad Black.

… Defence lawyers McNabb Associates noted Lord Black was charged with mail and wire fraud - the use of mail and telecommunications to carry out a fraud (trans nationalcrimes blog.com). …^[1]

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[1] Conrad Black, Fin. Times, Nov. 21, 2005.

Extradition from Britain—Lord Conrad Black

The arraignment for Lord Conrad Black, which was scheduled for this afternoon, has been pushed back to November 30.^[1] Lord Black’s attorneys have requested, and received, the delay in order to determine who will represent him in court.^[2] According to Assistant US Attorney Robert Kent, “Mr. Black does intend to appear” in court, which would negate the need for extradition proceedings.^[3] A warrant for Lord Black’s arrest still stands, and if he fails to show up for the November 30 hearing, US Attorney Patrick Fitzgerald “said he would seek extradition.”^[4]

It is not clear exactly where Lord Black is currently located.^[5] We have previously discussed extradition concerning Lord Black here.

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[1] Arraignment for Conrad Black Pushed Back, Chicago Tribune, Nov. 22. 2005, available here.
[2] Id.
[3] Conrad Black, Ex-Hollinger Chief, Skips Arraignment, Bloomberg, Nov. 22. 2005, available here.
[4] Id.
[5] Id.

Extradition to India—Samira Jumani Continued

On Friday, we noted that India was seeking the extradition of Samira Jumani, the first wife of “underworld don” Abu Salem. It is now being reported that India had requested Ms. Jumani’s extradition last year, but had failed to show sufficient evidence of criminal wrong-doing.^[1] The charges for which extradition was sought last year included conspiracy, cheating, and forgery, but the United States apparently requested additional material to strengthen the case for extradition, which India reportedly failed to provide.^[2] Furthermore, it is now unclear whether India has actually requested the extradition of Ms. Jumani. According to at least three Indian newspapers, “[s]enior officials at the Embassy of India would not offer any comment on the issue.”^[3] However, other sources continue to insist that a request has been filed.^[4]

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[1] India Sought Samira’s Extradition from US Last Year, Hindustan Time, Nov. 20, 2005, available here.
[2] Id.
[3] See id.; see also India Sought Samira’s Extradition from US; Request Turned Down, Outlook India, Nov. 20, 2005, available here; US Seeks Material on Salem’s Ex-Wife for Extradition Case, Navhind Times, Nov. 20, 2005, available here..
[4] See, e.g., K.P. Nayar, Lucknow Lifeline for Samira in US, The Telegraph (India), Nov. 20, 2005, available here; K.P. Nayar, Samira Passport Probe to Reopen, The Telegraph (India), Nov. 20, 2005, available here.