Benon Sevan

Following up on yesterday’s posts about the Oil-for-Food scandal, the former head of the program, Benon Sevan, could soon face charges after the investigation said that it has found enough evidence of a kickback scheme to support prosecution. Edith M. Lederer et al., Ex-U.N. Program Director May Face Charges, Wash. Post, Aug. 9, 2005, available here. Mr. Sevan has been accused of taking nearly $150,000 in bribes to steer Iraqi oil contract to a firm run by relatives of the former U.N. Secretary-General, Boutros Boutros Ghali. Senior Oil-for-Food Aide Took $1m in Bribes, Times Online, Aug. 9, 2005, available here. Mr. Sevan denies any wrongdoing, and has claimed that the money in question came from his aunt in his native Cyprus, and that he declared them on his U.N. tax returns. Id. The investigatory committee rejects the claim, and Mr. Sevan has returned to Cyprus. Id.

It is unclear from where the potential criminal charges against Mr. Sevan could come. According to the Washington Post story, Mr. Sevan is the subject of a New York state criminal investigation. It is quite possible that Mr. Sevan could be charged with conspiracy, wire fraud, and money laundering, much like his colleague, Alexander Yakovlev.

Furthermore, prosecuting Mr. Sevan could prove difficult because he is currently located in Cyprus. See James Bone et al., From Rags to Riches to Ruined Reputation, Times Online, Aug. 9, 2005, available here. As a Cypriot, he will not necessarily be extradited to the United States. Id. The extradition treaty between Cyprus and the United States states that

• neither country is obligated to extradite its own citizens, but may do so as long as the extradition would not violate its laws and Constitution; and
• if extradition is refused solely on the basis of nationality, then the refusing country is under an obligation, at the behest of the requesting state, to prosecute the individual itself. Extradition Treaty, Jun. 17, 1996, U.S.-Cyprus, art. 3, S. Treaty Doc. No. 105-16 (1998) (entered into force, Sept. 14, 1999).