Integrity Legal

Archive for the ‘US Warrants’ Category

5th December 2015

In a recent article in the Wall Street Journal a new bill proposed by the United States Congress was discussed:

Under a new law expected to take effect in January, the State Department will block Americans with “seriously delinquent” tax debt from receiving new passports and will be allowed to rescind existing passports of people who fall into that category. The list of affected taxpayers will be compiled by the Internal Revenue Service using a threshold of $50,000 of unpaid federal taxes, including penalties and interest, which would be adjusted for inflation.

Clearly this proposed legislation could have significant ramifications for Americans living abroad. Presently, Americans abroad could only see their passports rescinded or applications for renewals denied where said applicants have outstanding criminal warrants in the United States of America or are delinquent on their child support. The proposed legislation comes after the relatively recent  implementation of FATCA (the Foreign Account Tax Compliance Act) which requires foreign banking institutions to report the financial activities of American citizens making financial transactions abroad. There have been some who disapprove of FATCA and there have been moves made in the US Federal Court to challenge the law’s constitutionality. However, at present the law remains part of the current American legal framework with respect to overseas bank accounts. As a possible consequence, in recent years there have been a growing number of individuals who have opted to renounce their United States Citizenship. It is clear that more and more people are opting to renounce their United States Citizenship. Each individual’s renunciation is likely based upon a different calculus, but it seems clear that recent changes to American tax policy have had a significant impact upon Americans living abroad.

The recent announcement that passports could be revoked as a consequence of tax delinquency seems likely to cause the number of Citizenship renunciations to increase. Although, it remains to be seen if this new policy will have a significant impact upon renunciations. Regardless of the fact that 50,000 USD seems like a substantial amount of money it will be interesting to see if the proposed legislation will allow for a form of COLA (Cost of Living Adjustment) style system whereby the amount of money in tax delinquency which would trigger a passport renunciation would increase year by year in order to track inflation. It is unlikely that such a scheme would be implemented because Foreign Bank Account Reporting (FBAR) requirements have not changed since the late 70′s. Therefore it stands to reason that the passport issuance requirements will stay frozen. Therefore, this legislation, although unlikely to have a significant impact upon Americans abroad anytime soon could have serious ramifications for Americans in 15-20 years time when 50,000 USD is not the representation of wealth that it is today.

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12th April 2011

It recently came to this blogger’s attention that a 9th circuit decision in the United States Federal Court System regarding issues associated with the 4th Amendment as well as issues which could impact American agencies such as the United States Customs and Border Protection (USCBP) Transportation Security Administration (TSA) and the United States Immigration and Customs Enforcement Service (USICE, but sometimes referred to simply as ICE) has been handed down.  To quote directly from a recent article posted on Yahoo News at Yahoo.com:

If you can’t let a day go by without accessing your personal data and files, you’d better think twice about crossing the border back into the U.S. with your computer.  That’s because digital devices such as a laptop computer can be seized at the border without a warrant and sent to a secondary site for forensic inspection.

That ruling from the U.S. Court of Appeals for the Ninth Circuit last week is the second in less than a year that allows the U.S. government to conduct offsite searches of digital devices seized at the border without a warrant, Network World reported.

This could have big implications for business travelers, in particular, who are increasingly mobile and frequently carry laptops and other digital devices containing sensitive personal and company information across our borders. If your data reveals traces of criminality or illegal kinkiness when examined, your troubles will go way beyond temporary data denial.

This blogger has yet to take a great deal of exception with regard to American policy regarding the 4th Amendment at Ports of Entry in the United States of America as most occurrences that this blogger deals with in connection to such matters involve those who are not American Citizens, or for that matter sometimes not even lawful permanent residents or non-immigrants. Therefore, due to the wide latitude granted to Congress under their plenary authority regarding matters touching upon non-US Citizens and immigration policy it is difficult for this blogger to make cogent hypothetical arguments for people who have few, if any, rights under the American legal system. That said, when it comes to the search and seizure of American Citizens it is clear that Constitutional protections of Americans’ liberties must be taken into zealous consideration. The aforementioned article continued on Yahoo.com:

Writing for the majority, Judge Richard Tallman said, “The border search doctrine is not so rigid as to require the United States to equip every entry point — no matter how desolate or infrequently traveled — with inspectors and sophisticated forensics equipment.”

The administration of this blog highly encourages all readers to click upon the above cited hyperlinks to read more from this thought provoking story.

This blogger does not particularly take exception with the notion of the so-called “border search doctrine” per se, but this blogger has always felt as though little consideration has been accorded to the notion of the rights, privileges, and immunities of both United States Citizenship as well as underlying State Citizenship (if applicable to the individual being legally analyzed as some individuals come by their United States Citizenship either through operation of law or naturalization).

With all due respect to this Court as their decision had to be made pursuant to the unique set of law and facts available under the circumstances, this blogger’s “hackles get raised” anytime the issues associated with the fundamental rights, privileges, and immunities of United States Citizenship are at issue. Therefore, in order to shed more light upon this subject to the readership of this blog this blogger felt it might be enlightening to note some language from the introduction of the dissent in this case as quoted directly from Judge Betty B. Flecther:

I respectfully dissent. The “sticking point” of this case is not whether the Government’s authority “to subject incoming travelers to inspection for entry also permits the Government to transport property not yet cleared for entry away from the border to complete its search.” Maj. Op. at 4219-20. The real issue, as this case is framed by the government and the majority, is whether the Government has authority to seize an individual’s property in order to conduct an exhaustive search that takes days, weeks, or even months, with no reason to suspect that the property contains contraband.[1] In other words, the problem with this case is not that the Government searched Cotterman’s computer in Tucson as opposed to Lukeville. The problem is that the Government seized Cotterman’s laptop so it could conduct a computer forensic search, a time consuming and tremendously invasive process, without any particularized suspicion whatsoever. [emphasis added]

Those reading this blog are highly encouraged to click upon the links above to read the entire opinion as posted on Google Scholar.

Clearly, the ruling in this case could have a dramatic impact upon those individuals traveling in or through the United States of America. That said, it remains to be seen whether or not this case sees appeal to the United States Supreme Court and should such an appeal be heard: the opinion thereof.

For related information please see: Arrest Warrant.

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22nd December 2010

The Wikileaks controversy has been captivating both the print media and the online media recently as it represents one of the most high profile examples of governmental information leakage in recent years. For those who are unfamiliar with the controversy a brief synopsis could be summed up by saying that the supposed Director of Wikileaks, Mr. Julian Assange, apparently came across approximately 250,000 leaked cables which were allegedly obtained by a military enlisted man in Iraq. The cables appear to contain information which was deemed “Secret” by officials of the US government.

The reason for this blog post is not to delve into the Wikileaks controversy itself, but the issue of extradition to the United States of America. To quote directly from a recent report from the Reuters News Agency:

“The risk we have always been concerned about is onward extradition to the United States and that seems to be increasingly serious and increasingly likely,” Assange told reporters in the sprawling grounds of the house in eastern England where he must spend Christmas and New Year.

Extradition to the USA is a serious proposition and it is this author’s opinion that there would be a strong likelihood that US officials may try to use extradition proceedings in an effort to bring Mr. Assange under the jurisdiction of the United States Courts. The news report went on to note:

Asked if he was facing a U.S. conspiracy, Assange told reporters: “I would say that there is a very aggressive investigation. A lot of face has been lost by some people, and some people have careers to make by pursuing famous cases.”

U.S. Attorney General Eric Holder has said his government was considering using the U.S. Espionage Act, under which it is illegal to obtain national defense information for the purpose of harming the United States, as well as other laws to prosecute the release of sensitive government information by WikiLeaks.

One key question for U.S. prosecutors is if they can determine whether Assange collaborated with the U.S. Army intelligence analyst who is suspected of leaking the classified material. Assange has denied any connection with the former U.S. Army Specialist Bradley Manning.

The issues noted above are not well settled under United States law. Many, both in the media and across the internet, have argued that Mr. Assange is more “freedom fighter” than “terrorist”. Meanwhile, groups with opposing views have called for Mr. Assange’s arrest on the grounds that he has committed the crime of espionage against the USA. In any case, it should be pointed out that only recently the United States government went to great lengths to extradite Viktor Bout, the so-called “Lord of War” or “Merchant of Death” from the Kingdom of Thailand. As noted in a previous posting, this was not the first instance of the United States going great lengths to bring a foreign national under its jurisdiction for the purpose of putting them on trial as can be evidenced from the arrest and subsequent incarceration of Manuel Noriega (Former quasi-dictator of Panama). However this case ultimately plays out one thing is clear: Mr. Assange is likely to remain the target of attentions from the US government for the foreseeable future.

For related information please see:  fugitive warrant or Arrest Warrant.

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16th November 2010

In a previous posting on this blog, this author noted that Russian National Viktor Bout, suspected international arms dealer and supposedly one of the individuals who was an inspiration for Nicholas Cage’s character in the film Lord of War, was facing extradition proceedings which could ultimately lead to charges being brought in a Court of competent jurisdiction in the United States of America. Furthermore, extradition of Mr. Bout means that he would be transferred to the care of American authorities in the lead up to his trial. To quote directly from the recently released Associated Press article on this topic:

The Thai government extradited accused Russian arms trafficker Viktor Bout to the United States on Tuesday to face terrorism charges, rejecting heavy pressure from Moscow for him to be freed.

The Cabinet approved Bout’s extradition Tuesday after a long legal battle, and Police Col. Supisarn Bhakdinarinath said the 43-year-old Russian was put aboard a plane in Bangkok at about 1:30 p.m. (0630 GMT; 1:30 a.m. EST) in the custody of eight U.S. officials.

Prime Minister Abhisit Vejjajiva told reporters after the Cabinet meeting that the government sided with an earlier appeals court decision that Bout could be extradited.

The issue of Mr. Bout’s extradition has been a complex and politically charged one in recent months as Thai Courts have struggled with the case in an effort to come up with a fair ruling. Exacerbating the tension for Thai authorities are the authorities in Moscow and Washington DC: each vying to see Mr. Bout sent to either Russia or the USA, respectively. To quote further from the aforementioned AP article:

A Thai court in August of 2009 originally rejected Washington’s request for Bout’s extradition on terrorism-related charges. After that ruling was reversed by an appeals court in August this year, the U.S. moved to get him out quickly, sending a special plane to stand by.

However, just ahead of the appeals court ruling, the United States forwarded new money-laundering and wire fraud charges to Thailand in an attempt to keep Bout detained if the court ordered his release. But the move backfired by requiring a hearing on the new charges. Those were dismissed in early October.

Russia says Bout is an innocent businessman and wants him in Moscow. Experts say Bout has knowledge of Russia’s military and intelligence operations and that Moscow does not want him going on trial in the United States.

The outcome of this case remains to be seen as Mr. Bout will likely face trial in America. Therefore any mention of possible outcomes in the United States Court system would be an exercise in pure speculation. However, one could surmise that after the expense of substantial time and resources on the part of the United States government to see Mr. Bout extradited to the USA it is safe to assume that a prosecution of Mr. Bout will be conducted with alacrity.

Extradition of high profile international criminals is not common, but when it does occur, the USA tends to pursue prosecution rather quickly. An interesting analogy to Mr. Bout’s situation is the American apprehension of Manuel Noriega, the Panamanian quasi-dictator captured and prosecuted in the early 1990′s for crimes related to drug trafficking and racketeering. Although Mr. Bout was not a South American dictator, this author believes that the cases are similar as they show how the United States government can be very determined when trying to apprehend individuals engaged in the international trade of contraband.

For related information please see: criminal warrant.

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20th September 2010

The United States Customs and Border Protection Service (USCBP) is tasked with maintaining the security of America’s ports and overseeing the execution of customs regulations. In previous posts on this blog, it has been noted that there is a great deal of economic opportunity in the Asia-Pacific region. Some Americans are unfamiliar with a body known colloquially as APEC (Asia Pacific Economic Cooperation). This body has become an increasingly important platform for discussion of various subjects pertaining to inter-jurisdictional matters arising in the Asia-Pacific region. To quote the APEC website directly:

Asia-Pacific Economic Cooperation, or APEC, is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region .

APEC is the only inter governmental grouping in the world operating on the basis of non-binding commitments, open dialogue and equal respect for the views of all participants. Unlike the WTO or other multilateral trade bodies, APEC has no treaty obligations required of its participants. Decisions made within APEC are reached by consensus and commitments are undertaken on a voluntary basis.

This consensus driven initiative has proven effective in facilitating international trade, cooperation, and dialogue. In a recent press release it was announced that the USCBP will likely be taking on a more hand-on role within the APEC framework. To quote the press release as distributed by the American Immigration Lawyers Association (AILA):

U.S. Customs and Border Protection announced today that it will host the Subcommittee on Customs Procedures as part of the 2011 Asia-Pacific Economic Cooperation (APEC) meetings that will be chaired by the United States. The Sub-committee on Customs Procedures coordinates CBP’s efforts in customs, immigration and counter-terrorism with partner agencies throughout APEC member countries. The yearlong chairmanship will be handed over to CBP from the Japan Customs and Tariff Bureau today.

“CBP is proud to be hosting the distinguished members of the Sub-committee on Customs procedures for the 2011 APEC meetings,” said Commissioner Alan Bersin. “It is of vital importance to the security of our global economy for the members to coordinate and share
customs best practices.”

The subcommittee is a working level group within APEC. It brings Customs administrations of APEC Member Economies together to simplify and harmonize customs procedures and to ensure trade moves efficiently and safely across the Asia-Pacific region. APEC is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region. The APEC region is home to more than 2.7 billion
people and represents approximately 60 percent of the world GDP and 44 percent of world trade.

Japan officially turns over the Chair of APEC to President Barack Obama at the November 13-14, 2010 Leader’s Meeting in Yokohama, Japan.

This is a very interesting development from an economic perspective as it would appear that the United States is taking a keener interest in Asia-Pacific affairs. This may be due to the recent downturn in the US economy as well as the rise of The Peoples’ Republic of China as a major player in global economic relations. Whatever the reason for this increasing interest in the region, this author welcomes further streamlining of Customs procedures in an effort to stimulate new transnational trade and facilitate preexisting trading relationships in an effort to increase the volume trade between the United States and the members of APEC.

Hopefully, through voluntary cooperation trade can be increased and the security of the USA and the other APEC member nations will be increased. To further quote the aforementioned press release distributed by AILA:

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Hopefully, this new multilateral initiative will be beneficial for all concerned as US officials and Customs authorities from other participating nations can pool some resources in an effort to combat international crime and facilitate the execution of relevant immigration laws.

Many Americans and foreign nationals are under the mistaken impression that Customs and Border Protection simply “rubber stamps” entrants to the United states who are either from countries participating in the Visa Waiver Program or have a US Tourist Visa. Nothing could be further from the truth as even those entering the USA with a valid visa could be turned away or placed in Expedited removal proceedings depending upon their travel history. Those interested in traveling to the USA from a country abroad may find the assistance of an American attorney beneficial as such an individual may be able to provide insight into the Immigration process and streamline the processing of visa applications and petitions.

For related information please see: US Visa China.

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15th September 2010

The American Department of State (DOS) is responsible for a great number of government functions performed in the United States of America and abroad. On this blog, we routinely post information about issues connected to DOS in an effort to disseminate useful information to Americans abroad or foreign nationals seeking information about US Immigration. It recently came to this author’s attention that the American State Department has released a new edition of a publication designed to provide insight to American law enforcement officials regarding protocols which must be adhered to in situations involving foreign Consular officials. To quote a press release from the Department of State and distributed by the American Immigration Lawyers Association (AILA):

The Department of State is pleased to announce its publication of the third edition of “The Consular Notification and Access Manual.” Produced by the Bureau of Consular Affairs and the Office of the Legal Adviser, the manual instructs federal, state and local law enforcement and other officials on actions they must take to comply with U.S. obligations under the Vienna Convention on Consular Relations and other international agreements. It includes details on steps U.S. authorities must take when a foreign national in the United States is arrested or detained, dies, is involved in the wreck of a foreign vessel, or requires the appointment of a guardian.

The manual, which is available free of charge, supports the Department’s efforts to ensure that the United States meets its international obligations to notify foreign consular officials about their citizens in the United States. To order the manual or to access the online version, please visit the consular notification and access section of our website at www.travel.state.gov/consularnotification.

The Vienna Convention is an important pillar of American law enforcement policy regarding foreign Missions in the United States. The rules stipulated in the Vienna Convention generally apply to personnel of US Missions abroad. Therefore, reciprocal adherence to Vienna Convention protocols creates a more stable international community for all concerned.

These issues should not be confused with those related to Americans who have been arrested abroad. As a rule, the Vienna Convention does not apply to Americans abroad who have no government affiliation. Thus, an American arrested abroad is unlikely to be treated in the same manner as American government representatives accredited to a given country.

Americans arrested overseas or those who find that they are the subject of an American warrant are well advised to contact a licensed American lawyer who can provide insight into the methods for resolving a pending criminal matter.

For related information please see: US Warrant or Extradition.

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8th September 2010

The United States Immigration and Customs Enforcement Service (USICE or more commonly referred to by the acronym: ICE) is tasked with enforcing American Immigration and Customs law. Often ICE officers are involved in programs aimed at apprehending those in the United States illegally or those who initially came to the United States legally, but later either dropped out of lawful status or committed a criminal offense which created a legal ground for removal. For the most part, ICE seems to primarily deal with immigration violations which occur along the Southern border of the United States as this has increasingly been an area where illegal immigration occurs frequently. However, their mandate includes all immigrants and foreign nationals from countries around the globe and in a recently promulgated announcement from  the Department of Homeland Security (DHS), distributed by the American Immigration Lawyers Association (AILA), it was noted that those from Asian countries who violate US law are just as susceptible to removal. To quote directly from the aforementioned announcement:

SEATTLE – In a chartered flight that originated in Seattle on Aug. 31, U.S. Immigration and Customs Enforcement (ICE) returned 96 immigration violators to the Philippines, Vietnam, Indonesia, Malaysia, Japan and Cambodia; 66 of them had committed criminal offenses in the United States.


ICE’s Office of Enforcement and Removal Operations (ERO) coordinated the flight that returned 66 Filipinos, 18 Indonesians, 5 Cambodians, 4 Malaysians, 2 Japanese, and 1 Vietnamese nationals to their respective countries. The group included 79 males and 17 females. These individuals came into ICE custody from locations throughout the United States and were housed at various detention facilities across the country before being transported to the Northwest Detention Center in Tacoma, Wash., shortly before the flight.


Among the 66 who had been convicted of criminal offenses while living in the United States, their crimes included homicide, felony drug trafficking and possession, rape and other sex crimes, aggravated assault, weapons possession, grand theft, and burglary.


“This year, ICE expects to remove a record number of criminal aliens from the country and charter flights like this are a big part of making that happen,” said ICE Director John Morton. “The United States welcomes law-abiding immigrants, but foreign nationals who violate our laws and commit crimes in our communities should be on notice that ICE is going to use all its resources to find you and send you home.”


ICE officers and medical staff with the Division of Immigration Health Services accompanied aliens on the flight.

Removal from the United States is a serious matter and those immigrants present in the USA on some sort of immigrant visa are well advised to adhere to US law and maintain lawful immigration status at all times. That said, those who have been deported from the US are generally not able to lawfully reenter the United States for a statutorily prescribed period of time. Those barred from the USA may be able to reenter after an approval of either an I-601 waiver or an I-212 petition for advance permission to reenter the USA. In some cases, those removed from the United States are indefinitely ineligible for readmission to the US. USICE offices overseas seem to be tasked with making certain that those removed from the United States actually return to their home country or remain abroad in an effort to prevent from them returning to the USA unlawfully.

United States Immigration law is a complex area of American jurisprudence. The existence of an American warrant on an alien’s record or prior criminal convictions in US Courts can have a serious impact upon one’s ability to immigrate to, and remain in, the United States.

Those seeking information about specific immigration issues are well advised to contact a US attorney in order to ascertain one’s options pursuant to American Immigration law.

For related information please see: Warrant For Arrest, US Visa Indonesia, or US Visa Vietnam.

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3rd September 2010

Those who read this blog on a regular basis may have noticed that the administration routinely posts information about efforts by various law enforcement authorities to discourage human trafficking. Unfortunately, as the world becomes increasingly integrated due to globalization the instances of human trafficking seem to be rising. This apparent increase could be due to the fact that there are more media outlets covering this issue, but this author believes in giving credit where credit is due and many of those apprehended by American authorities were caught thanks to the diligent efforts of American and international law enforcement agencies and organizations.

To quote a recent story from the Associated Press that this author found distributed on the internet by Google:

HONOLULU — Six recruiters were accused Thursday of luring 400 laborers from Thailand to the United States and forcing them to work, according to a federal indictment that the FBI called the largest human-trafficking case ever charged in U.S. history.

The indictment alleges that the scheme was orchestrated by four employees of labor recruiting company Global Horizons Manpower Inc. and two Thailand-based recruiters. It said the recruiters lured the workers with false promises of lucrative jobs, then confiscated their passports, failed to honor their employment contracts and threatened to deport them.

Once the Thai laborers arrived in the United States starting in May 2004, they were put to work and have since been sent to sites in states including Hawaii, Washington, California, Colorado, Florida, Kentucky, Massachusetts, New York, Ohio, South Carolina, Tennessee, Texas and Utah, according to attorneys and advocates.

Many laborers were initially taken to farms in Hawaii and Washington, where work conditions were the worst, said Chancee Martorell, executive director for the Los Angeles-based Thai Community Development Center, which represents 263 Thai workers who were brought to the U.S. by Global Horizons.

A woman who answered the phone at Global Horizons’ Los Angeles office refused to take a message seeking comment Thursday.

The six defendants include Global Horizons President and CEO Mordechai Orian, 45; Director of International Relations Pranee Tubchumpol, 44; Hawaii regional supervisor Shane Germann, 41; and onsite field supervisor Sam Wongsesanit, 39. The Thailand recruiters were identified as Ratawan Chunharutai and Podjanee Sinchai.

They face maximum sentences ranging from five years to 70 years in prison, according to the Department of Justice.

The penalties imposed upon those who engage in human trafficking activities can be severe. This is likely due to the fact that this activity often leads to many negative results as noted in the story above. Many of those who are smuggled from one country to another are forced to work under inhumane conditions that are considered to be illegal in many jurisdictions.

This author is pleased to see public resources being expended upon truly worthy law enforcement programs such as this. Thwarting the activities of human traffickers should definitely be a top priority for international law enforcement agents. Hopefully, arrests such as those noted above will discourage and deter individuals in the future as such activity has an extremely detrimental impact upon society as a whole.

It should also be noted that human trafficking is considered by US Immigration authorities to be a legal grounds of inadmissibility. Therefore a finding by a Consular Officer that an individual previously engaged in human trafficking may lead to visa denial in a pending immigration petition or application. Furthermore, this ground of inadmissibility is unlikely to be remedied through use of an I-601 waiver.

For related information please see: US Visa Thailand.

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21st August 2010

The New York Times website reported the following:

BANGKOK — Viktor Bout, a Russian businessman who is expected to face gun-running charges in the United States following his extradition from Thailand, expressed confidence on Friday that he would ultimately be exonerated.

Those who are unfamiliar with this case may remember an American film which is supposedly based upon Mr. Bout’s life. The aforementioned article went further to note that:

Mr. Bout, who inspired the movie “Lord of War,” starring Nicolas Cage, is suspected of running a large-scale trafficking organization that provided weapons to governments, rebels and insurgents across the globe.

As a general rule, international extraditions in cases which are covered heavily by the media can be exceptionally tense especially where two different countries wish to see differing outcomes. In this case, the extradition request could be viewed as highly complex, both from a legal as well as political standpoint, and this proceeding would seem to represent an important achievement for American officials as the article went on to observe:

The court decision on Friday… was a victory for the Obama administration, which summoned the Thai ambassador in Washington to the State Department this week to “emphasize that this is of the highest priority to the United States,” a spokesman said. “There have been a lot of conversations of senior administration officials with their Thai counterparts about this,” said one American official, who spoke on condition of anonymity after staying up until 2 a.m. awaiting the news from Bangkok. American officials had feared that Russian pressure would prevail and Mr. Bout might be flying home. “This really was a welcome surprise,” the official said of the court’s decision.  Russia, which had been seeking to prevent Mr. Bout from being placed in the American legal system, reacted angrily. “We regret what, in my view, is an illegal political decision taken by the appellate court in Thailand,” Sergey V. Lavrov, Russia’s foreign minister, said Friday, according to the Interfax news agency. “Based on the information we have at our disposal, the decision was made under very strong outside pressure. This is lamentable.”

The United States of America and the Kingdom of Thailand share a long and amicable relationship as the two countries have a history of friendly bilateral political and economic relations. One of the foremost examples of this relationship is the US-Thai Amity Treaty. That said, the recent decision would seem to have be made on legal grounds and not based upon political considerations. However, not everyone was happy to hear the Thai court’s decision:

After the ruling, Mr. Bout embraced his wife and daughter, who wept. He said nothing to reporters in the courtroom as he was led out in leg irons. The court ordered his extradition within three months… Mr. Bout’s lawyers had argued that the extradition request was part of a pattern of the United States’ reaching beyond its borders to punish its enemies. Chamroen Panompakakorn, Mr. Bout’s principal lawyer, alluded to the rendition of terrorist suspects by the American government and argued that the overall credibility of the United States government had been tarnished after the failed search for unconventional weapons in Iraq.

Regardless of one’s opinion about the decision itself, this case may represent a major milestone in international jurisprudence as the Kingdom of Thailand, the United States of America, and many other jurisdictions around the world continue to work together to bring international and multi-jurisdictional criminal suspects before lawful tribunals in both the USA and abroad. Extradition represents one area of international criminal law where cross border cooperation by authorities is leading to apprehension of suspected criminals all over the globe. In another posting on this blog, the issue of Royal Thai Immigration‘s decision to connect to American warrant databases was discussed. In an increasingly “globalized” world, it is becoming evermore difficult for international criminal suspects to evade government authorities. Meanwhile, American authorities’ efforts to apprehend those with an American criminal warrant, fugitive warrant, bench warrant, or arrest warrant continue unabated. Those who find that they have an outstanding American warrant are well advised to seek the assistance of competent counsel in the form of a licensed American attorney in order to deal with the matter in accordance with all applicable laws.

For further related information please see: Warrant For My Arrest.

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18th July 2010

In a recent article, promulgated by The Nation Newspaper and distributed by the website ThaiVisa.com, it was announced that an American Citizen was arrested on money laundering charges on the Thai island of Koh Samui. To quote directly from ThaiVisa.com:

An American wanted by US authorities for alleged money laundering was charged on Samui Island yesterday.

Immigration police arrested Ronald Paul Shade, 39, who was allegedly fled California after international police and San Bernardino court issued arrest warrants for him. He was detained to face charges of money laundering and stealing about US$14 million.

Police said the American Embassy contacted them to trace Shade. They later found him “hiding” in Samui, which led to the arrest.

The suspect, who allegedly confessed, will be extradited to the US, according to a bilateral extradition treaty.

In the relatively recent past, occurrences such as this were relatively rare. This was likely due to the fact that the Thai Immigration database was not “tied in” to the American criminal databases and watchlists. Recently, it was announced that the Thai Immigration database would begin sharing information with their American counterparts, and vice versa. It is important to note that the United States of America and the Kingdom of Thailand share an Extradition Treaty. Therefore, an American Citizen with a pending criminal warrant, such as the suspect in the aforementioned news report, could be detained in Thailand and extradited back to the United States to face trial for the alleged offenses.

In the United States, there are various types of warrants and writs which could be issued in an attempt to compel an American Citizen, foreign national, or lawful permanent resident, to appear before a court of competent jurisdiction. For example, a bench warrant is generally issued by a Court when a defendant has failed to appear in connection with a pending civil or criminal matter. In some cases, those with a traffic citation, who fail to properly deal with the matter, are subjected to a bench warrant until such time as the underlying charge is satisfactorily resolved.

Under certain circumstances, a court in one jurisdiction will issue a fugitive warrant for the arrest of an individual in connection with an offense committed in another jurisdiction. Although this is somewhat uncommon, such matters are highly complex and those who are the subject of such a warrant should seek competent legal advice as soon as possible in an effort to deal with the matter in accordance with all relevant laws.

It would appear that Royal Thai Immigration authorities are taking a hard line against foreigners who are suspects in legal proceedings abroad. It remain to be seen whether this policy will continue to be rigorously enforced by Thai authorities, but one could easily infer that enforcement will continue and possibly become more zealous.

For further informational reading please see: warrant or Warrant For My Arrest.

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