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.

Trafficking in Antiquities—Greece Legal Action

The J. Paul Getty’s Museum’s legal woes continue to mount. Saying that their “goodwill negotiations have not been fruitful” because “written communications to museum officials have repeatedly remained unanswered,” Greek culture officials have decided to launch legal action against the Getty Museum for trafficking in antiquities.^[1] There are four artifacts that Greece would like to have returned, and a senior official with the Greek police’s art squad said that Greek authorities would seek assistance from Italian prosecutors who are currently prosecuting the Getty’s former antiquities curator, Marion True.^[2]

A well-known Greek prosecutor, Ioannis Diotis, has been tapped by Greek officials to investigate the Getty’s acquisition of the four contested objects; Mr. Diotis has built a reputation on successfully prosecuting a number of terrorists and terrorist organizations.^[3]

The Getty Museum released a statement that expressed disappointment “that the Greek government has resorted to legal action when the Getty has demonstrated a willingness to consider whatever evidence the Greek government has and to discuss this matter is good faith.”^[4]

In related news, New York’s Metropolitan Museum of Art met with Italian officials to “discuss possible solutions to the problem of contested antiquities” which are in its collection.^[5]

We most recently discussed the imbroglio surrounding the Italian trial of Ms. True, here.

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[1] Ralph Frammolino, et al, Greece Vows Legal Action Against Getty, LA Times, Nov. 23, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] 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.

Jose Padilla—Conspiracy Charges

As we mentioned earlier, Jose Padilla has finally been indicted on federal criminal charges after having spent more than three years in a military brig.^[1] He is now formally accused of conspiring to “murder, kidnap and maim” people overseas.^[2] Four other people have also been charged.^[3] Notably absent from these charges are any allegations that Mr. Padilla intended to carry out attacks in the United States.^[4]

According to Attorney General Alberto Gonzales, “[t]he indictment alleges that Padilla traveled overseas to train as a terrorist with the intention of fighting a violent jihad.”^[5] He “declined to comment on why none of the allegations involving attacks in America were included in the indictment.”^[6] Mr. Padilla is expected to go on trial in September of 2006.^[7]

With this indictment, Mr. Padilla’s petition for a writ of certiorari to the Supreme Court likely becomes moot. Because Mr. Padilla’s recent court battles have been an attempt to have formal charges brought against him, there would be no reason for the Supreme Court to involve itself in the case. In many ways, this is unfortunate, and there is wide speculation that the government desperately wants to avoid having the Supreme Court make a ruling on the issue.^[8]

According to the indictment,^[9] Mr. Padilla was recruited into a North American cell “that sent money, physical assets, and Mujahideen recruits to overseas for the purpose of fighting violent jihad,”^[10] and he traveled overseas for that purpose.^[11] The conspiracy began no later than October of 1993.^[12]

Mr. Padilla is being charged under 18 U.S.C. §§ 371, 956(a)(1), and 2339A.

Conspiracy
We have previously discussed conspiracy here.

Conspiracy to Kill, Kidnap, Maim or Injure Persons In a Foreign Country
Under 18 U.S.C. § 956(a)(1), it is a crime for a person to be in the jurisdiction of the United States, and conspire with one or more persons—regardless of where those other people are located—to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed inside the special maritime and territorial jurisdiction of the United States. The punishment for a violation of section 956(a)(1) is up to life in prison.^[13]

Providing Material Support to Terrorists
Under 18 U.S.C. § 2339A(a), it is a crime for a person to provide material support or resources for a terrorist acts. The punishment for such support is a fine, up to 15 years in prison, or both. If death results from such support, the person can be punished with up to life in prison.

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[1] Mark Sherman, Dirty Bomb Suspect Jose Padilla Indicted, Associated Press, Nov. 22. 2005, available here. Mr. Sherman continues the frustrating tendency to label Mr. Padilla a “dirty bomber.” The government has acknowledged that while Mr. Padilla may have researched such plans while in Pakistan, when he returned to the United States, that was not his plan. See our posting explaining this here. Furthermore, as will be outlined above, the charges that Mr. Padilla faces do not even allege any planned attacks to be carried out in the United States.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] US v. Hassoun, No. 04-60001-CR (S.D. Fl. 2005).
[10] Id. at 3.
[11] Id. at 4.
[12] Id. at 5.
[13] 18 U.S.C. § 956(a)(2)(A).

False Passport and Illegal Weapons—Santiago Alvarez

A supporter of the accused terrorist Luis Posada Carriles, whose deportation hearings we covered here and here, has been arrested in Miami on charges that he possessed automatic weapons—some of which had had the serial numbers obliterated, that he possessed an improperly registered silencer, and that he possessed a false passport.^[1] Critics of the arrest, who are—like Mr. Alvarez—strongly anti-Castro, say that it is “an attempt to appease Fidel Castro at a time that the Cuban president is stepping up his rhetoric against Posada and his associates.”^[2] The claim stems from the fact that President Castro has been “pressuring” the US in recent months to investigate and take action against Mr. Alvarez, saying that Mr. Alvarez helped smuggle Mr. Posada into the country in March.^[3]

Mr. Alvarez and Mr. Posada do have close ties. Mr. Posada was flown by Mr. Alvarez from Panama to Honduras after he was pardoned in Panama from a conviction connected to a plot to kill President Castro in 2000.^[4] Furthermore, President Castro claims that Mr. Alvarez smuggled Mr. Posada into the US on his yacht, the Santrina, which was in the same area of Mexico at the same time as Mr. Posada ; Mr. Posada told the Miami Herald that he was smuggled into the US in a car across the Mexico border.^[5]

False Passport
Under 18 U.S.C. § 1543, it is a crime for a person to use a falsely made, forged, counterfeited, mutilated, or altered passport, or anything that purports to be a passport. The punishment for violating section 1543 is a fine, imprisonment for up to 15 years, or both. If the use of the false passport was to facilitate an act of international terrorism, the prison sentence can be as long as 25 years.

Firearms with Obliterated Serial Numbers
Under 26 U.S.C. § 5861, it is a crime to obliterate, remove, change or alter the serial number on a firearm,^[6] or to receive or possess a firearm that has had the serial number so obliterated.^[7]

Improperly Registered Silencer
A silencer is considered a firearm under 26 U.S.C. § 5845(a)(7). Therefore, under 28 U.S.C. § 5861(d) it is a crime for a person to receive or possess a silencer which is not registered to him in the National Firearms and Transfer Record.

Punishment for Violations of 26 U.S.C. § 5861
Violating section 26 U.S.C. § 5861 can be punished by a fine of up to US$10,000, imprisonment for up to 10 years, or both.^[8]

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[1] Oscar Corral, U.S. Arrests Key Ally of Posada, Miami Herald, Nov. 21, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] 26 U.S.C. § 5861(g).
[7] Id. § 5861(h).
[8] 26 U.S.C. § 5871.

Trafficking in Antiquities—FBI Top 10

The BBC has mentioned that the FBI has come up with a list of what it calls the top 10 art crimes worldwide.^[1] By some estimations, art crimes account for nearly US1 billion to US$2 billion in transactions annually.^[2] While the list is dominated by paintings, there is strong international pressure on the US to help find thousands of items looted in Iraq following the US-led invasion.^[3]

More information on the FBI program, including a list of the top ten items, which include a Stradivarius violin, the looted Iraqi artifacts, and the theft of Edvard Munch’s The Scream, can be found here.

We have previously discussed trafficking in antiquities here.

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[1] Vincent Dowd, FBI Names Top 10 World Art Crimes, BBC News, Nov. 17, 2005, available here.
[2] Id.
[3] Id.