Sunday, March 09, 2008

Accused Arms Dealer Viktor Bout to be Investigated in Thailand Despite US Extradition Request

A Russian businessman arrested last week in Thailand following an American-led sting operation targeting alleged arms trafficking will be held by Thai authorities, despite United States efforts to extradite.[1]

Viktor Bout, 41, who was arrested on March 6 and charged by US authorities with conspiracy for allegedly trafficking arms to Colombian rebels,[2] will be investigated by Thai officials for using the country as a base for “procuring weapons for terrorists and conspiring with terrorists,” according to police spokesman, Lt. Gen. Adisorn Nontree. Bout is suspected of illegally supplying arms to various African nations during their civil wars, as well as to the Taliban and Al Qaeda. [3]

Federal prosecutors are currently attempting to extradite Bout, along with an alleged co-conspirator, Andrew Smulian, to stand trial in the United States. Following the announcement by Thai officials that Bout will remain in their custody for the time-being, Thomas Pasquarello, regional director of the US Drug Enforcement Administration, stated the details of Bout’s transfer to the US still had “to be worked out between the two nations.”[4]

Bout was arrested in a Bangkok hotel after Thai authorities received a tip from the DEA that he would be in their country. The Bangkok meeting with Bout was reportedly arranged during prior conversations with DEA informants, who posed as members of the Revolutionary Armed Forces of Colombia (FARC) interested in the purchase of millions of dollars in arms.[5]

Bout has repeatedly denied accusations of illegal activities, even appearing on a Moscow radio show in 2002, commenting that he had never been in contact with Taliban or Al Qaeda officials and the accusations against him “resemble more a script for a Hollywood thriller.”[6] Several years later, Bout reportedly served as the inspiration for a fictional arms trafficker played by Nicolas Cage in the film “Lord of War.”[7]

The illicit trafficking of arms has implications in a variety of fields, including transnational criminal law, international criminal law, and terrorism law. Federal criminal defense attorney Douglas McNabb has written on the U.S. laws surrounding arms trafficking here. The crime of arms trafficking has also been previously discussed here.

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[1] Seth Mydans, Thailand Plans Inquiry on Arms Suspect as U.S. Seeks Custody, New York Times, March 8, 2008 (available at www.nytimes.com)

[2] David Johnson and Seth Mydans, Russian Charged with Trying to Sell Arms, New York Times, March 7, 2008 (available at www.nytimes.com)

[3] Mydans.

[4] Id.

[5] Id.

[6] Johnson and Mydans.

[7] Id.