U.S. Waits on Spanish Extradition Verdict

Judicial authorities in Spain are expected to decide within weeks on a U.S. request to extradite a man described as an international arms dealer who has sent weapons to Iran, Iraq and other countries over the last four decades.^[1]
Assistant U.S. Attorney Leslie Brown commented on the extradition of Monzer Kassar as two Romanian men pleaded not guilty to charges that they conspired to sell weapons to an organization that wanted to kill Americans in Colombia. Kassar is also charged in the case.^[2]

Monzer al-Kassar, a Syrian arms dealer, was arrested in Spain on charges he plotted to supply millions of dollars worth of weapons to Colombian rebels.^[3] Al-Kassar was arrested after undercover agents with the Drug Enforcement Administration(DEA) came to him looking to buy surface-to-air missile systems, rocket-propelled grenade launchers, thousands of machine guns and millions of rounds of ammunition for the Revolutionary Armed Forces of Colombia (FARC) and allegedly al-Kassar agreed to make the sale, however no weapons ever changed hands.^[4]

Kassar can appeal the ruling if extradition is granted, but is has been said that a month long delay might require that Kassar be tried separately from Tareq Mousa al Ghazi and Luis Felipe Moreno Godoy, who were extradited from Romania earlier this week.^[5] The federal indictment said al Ghazi and Moreno Godoy conspired through a series of recorded telephone calls, e-mails and in-person meetings with Kassar between February 2006 and May.^[6]

Prosecutors say al Ghazi and Moreno Godoy were part of an international network of criminal associates, front companies and bank accounts built by Kassar since the 1970s in countries including Britain, Spain, Lebanon, Syria, Iraq, Poland, Bulgaria and Romania.^[7]The indictment charges al Ghazi and Moreno Godoy with conspiracy to kill U.S. nationals, conspiracy to kill U.S. officers or employees, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support to terrorists.^[8]

The crime of acquiring and using antiaircraft missiles is a violation of 18 U.S.C. §2332 and in that statute it states that in general — except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to^[9] seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft;^[10] or otherwise direct or guide the rocket or missile to an aircraft;^[11]any device designed or intended to launch or guide a rocket or missile described in subparagraph (A);^[12] or any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).^[13]

Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.^[14] Additionally this subsection does not apply with respect to conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof;^[15] or conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.^[16]

Federal criminal defense attorney Douglas McNabb has previously discussed this case here and here.

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^[1] Larry Neumeister, US expects Spain's decision on arms dealer extradition within weeks, Associated Press Newswire, October 18, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] AP Staff, In a first, Romania extradites 2 terrorism defendants to U.S., Associated Press Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
^[3] Tom Hays, Syrian Arms Dealer Indicted in NYC, Associated Press Newswire, June 8, 2007, available at LEXIS, News Library, Wire News Services File.
^[4] Id.
^[5] Neumeister, supra note 1.
^[6] Id.
^[7] Id.; see also Press Release, United States Announces First Extraditions From Romania on Terrorism Charges, U.S. Dep’t of Justice, October 16, 2007, available at http://www.usdoj.gov/dea/pubs/pressrel/pr101607.html (last visited October 21, 2007).
^[8] Neumeister, supra note 1.
^[9] 18 U.S.C. §2332 (1)(A)(2007).
^[10] Id., at §2332 (1)(A)(i).
^[11] Id., at §2332 (1)(A)(ii).
^[12] Id., at §2332 (1)(B).
^[13] Id., at §2332 (1)(C).
^[14] Id., at §2332 (2).
^[15] Id., at §2332 (3)(A).
^[16] Id., at §2332 (3)(B).