Integrity Legal

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.

Tags: American Attorney, Amity Treaty, arrest warrant, Criminal Law, Criminal Matters, Criminal Procedure, criminal warrant, Extradition, Extradition Treaty, Fugitive Warrant, US -Thailand Extradition Treaty, US Extradition, US warrant, US-Thai Amity Treaty, Warrant for Arrest, warrant for my arrest
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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.

Tags: American warrant, arrest warrant, Bench Warrant, criminal warrant, Extradition, Extradition Treaty, Fugitive Warrant, Legal, US warrant, warrant, warrant for my arrest, Writ
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The American Criminal Justice system, and the body of US law springing therefrom, is something of an amalgam of 234 years of American jurisprudence both codified and recognized by means of common law legal doctrines such as stare decisis. The following is a brief overview of US warrants and their usage by American courts in enforcing jurisdiction over individuals (both American Citizens and Foreign Nationals).

The Bench Warrant

The following is a direct quote from Wikipedia:

A bench warrant is a variant of an arrest warrant that authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of court—possibly as a result of that person’s failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal or civil court proceedings.

Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person was on bail awaiting criminal trial when the nonappearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is rearrested, but normally the suspect is held in custody without bail. If a person has a bench warrant against them when stopped by a law enforcement officer, the authorities put them in jail and a hearing is held. The hearing usually results in the court setting a new bail amount, new conditions, and a new court appearance date. Often, if a person is arrested on a bench warrant, the court declares them a flight risk (likely to flee) and orders them held without bail.

Bench warrants are traditionally issued by sitting judges or magistrates.

There are a relatively large number of instances in which an individual finds that they have a pending bench warrant. Some opt to take the “do nothing” approach and simply hope the problem will go away on its own. Generally, this is unwise as courts rarely, if ever, allow a pending bench warrant to “go away”. Therefore, those with a pending warrant are well advised to retain competent legal counsel in an effort to deal with the matter promptly.

Arrest Warrant

With that in mind, the following quote, from the aforementioned wikipedia entry, succinctly sums up the issues regarding an outstanding arrest warrant:

An outstanding arrest warrant is an arrest warrant that has not been served. A warrant may be outstanding if the person named in the warrant is intentionally evading law enforcement, is unaware that a warrant is out for him/her, the agency responsible for executing the warrant has a backlog of warrants to serve, or a combination of these factors.

Some jurisdictions have a very high number of outstanding warrants. The U.S. state of California in 1999 had around 2.5 million outstanding warrants, with nearly 1 million of them in the Los Angeles area.^[4]The city of Baltimore, Maryland, had 53,000 as of 2007.^[5] New Orleans, Louisiana, has 49,000.^[6]

Some places have laws placing various restrictions on persons with outstanding warrants, such as prohibiting renewal of one’s driver’s license or obtaining a passport.

The final line of the above quotation brings up a point that has previously been mentioned on this blog. Namely: the confiscation of one’s US passport by the American government if one has a pending arrest warrant in the USA. As has been previously noted on this blog, this can be an occasional occurrence outside of the United States when an American travels to a US Embassy or US Consulate to renew their passport or add visa pages at an American Citizen Services Section. In a large number of cases, if a pending arrest warrant is discovered, even if unknown to the subject, the passport will likely be seized, but the American Citizen may be given the option of being issued a travel document to travel back to the USA to deal with the pending matter.

Mittimus

Although not as commonplace in modern times, the mittimus writ is similar to a warrant and its practical application can be very similar to that of a warrant in some cases . The following is a final quote from the previously mentioned Wikipedia entry:

A mittimus is a writ issued by a court or magistrate, directing the sheriff or other executive officer to convey the person named in the writ to a prison or jail, and directing the jailor to receive and imprison the person.

An example of the usage of this word is as follows: “… Thomas Fraser, Gregor Van Iveren and John Schaver having some time since been Confirmed by the Committee of the County of Albany for being Persons disaffected to the Cause of America and whose going at large may be dangerous to the State, Ordered Thereupon that a Mittimus be made out to keep them confined till such time as they be discharged by the Board or any other three of the Commissioners.” Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions,1778-1781. (Albany, New York: 1909) Vol. 1, Page 90

In police jargon, these writs are sometimes referred to as CAPIAS, defined as orders to “take” a person or assets. CAPIAS writs are often issued when a suspect fails to appear for a scheduled adjudication, hearing, etc.

As can be inferred from the citation above, the mittimus writ has its roots in American legal history and can still impact individuals (both American and Foreign) today.

Fugitive Warrant

Fugitive Warrants are another type of legal instrument that differ slightly from the aforementioned warrants. Below is a direct quotation from the glossary of Lawyers.com:

Definition
: an arrest warrant issued in one jurisdiction for someone who is a fugitive from another jurisdiction

Those with a pending American Fugitive Warrant are strongly advised to seek counsel from a competent American attorney in an effort to resolve the situation and deal with the legal consequences as quickly as possible.

Nothing stated above should be viewed as a definitive legal analysis regarding the issue of US Warrants. Furthermore, any individual case is unique and as a result no general information transmitted herein should be viewed as an appropriate legal analysis of a unique factual situation. For further information please see: warrant for my arrest or extradition.

Tags: arrest warrant, Bench Warrant, criminal warrant, Extradition, Extradition Treaty, Fugitive Warrant, mittimus, Outstanding Arrest Warrant, US -Thailand Extradition Treaty, US warrant, warrant, warrant for my arrest
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In the relatively recent past, there were some who felt that Thailand was something of a “safe haven” for those with a criminal record or a criminal warrant issued outside of the Kingdom. However, in recent years, this appellation would seem to be increasingly misapplied as Thai authorities take evermore stringent measures against criminals from other jurisdictions. For example, Pattaya One News recently reported the arrest of a Belgian National for falsification of official documents. The following is a direct quote from that story:

On Tuesday afternoon at the Chonburi Immigration Office located in Soi 5 off Jomtien Beach Road, Police Lieutenant Colonel Prapansuk, the Deputy Superintendant of Chonburi Immigration, held a press conference to announce the arrest of a Belgian man wanted by the Belgian Authorities. Mr. Justin Andre Cornelius Van Den Bussche aged 38, a part-owner of a bar here in Pattaya and a resident of 3 years, was arrested at his house within the Sabai Jai Village in Central Pattaya. According to information received by the Belgian Embassy in Bangkok, Mr. Van Den Bussche was recently sentenced to 1 year in prison by a Belgian Court in relation to a case involving the falsifying of official documents. He was able to flee to Thailand and Immigration Police were informed that his Belgian passport was going to be cancelled on 15^th June. On 15^th he was arrested and charged with not possessing a valid passport and will be deported to Belgium where authorities will be waiting for him.

Thai authorities in Pattaya are not the only law enforcement agents in Thailand who appear to be taking a firm line against foreign nationals committing crimes in Thailand. The following is a quote from the Pattaya Today blog:

An American man was arrested and alleged to have committed paedophilia, or having engaged in sex, with an underage child in this northern Thai province, according to provincial tourist police. Police found evidence that the man identified as Wilbert Willis Holley, 72, had sexually abused a ten-year-old female student at a local school in Chiang Mai’s provincial seat. The girl told officials that she had been sexually molested several times by Mr Holley at a local guesthouse. The suspect however denied the charge but the investigators are confidence that they have strong evidence to take legal action against him. Police brought Mr Holley to search his residence in order to find whether or not there was further evidence for human trafficking or any other offences.

Those who believe that Thailand is a “safe haven” for criminal elements would be wise to note Royal Thai Immigration’s recent efforts to integrate their database with that of the United States and other international criminal and terrorism databases. This would seem to indicate strong resolve on the part of the Thai government to both prosecute and/or commence extradition proceeding against foreign and domestic criminals in Thailand.

For related reading on arrest warrants and criminal matters please see: warrant for my arrest or American attorney.

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Tags: American Attorney, American Attorney Thailand, extradite, Extradition, Royal Thai Immigration, Royal Thai Immigration Police, warrant, warrant for my arrest
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