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.

---

[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.