Bahamas News

Troubled Czech financier Viktor Kozeny was ordered extradited to the US on corruption charges as ordered by the courts.

Magistrate Carolita Bethel yesterday handed down her ruling in the year - long case that has garnered international media attention from his home country and the U S, which has been lobbying for his return there for years. Kozeny was remanded to Her Majesty’s Prison on October 2005. He is wanted in the U S to face a long list of charges related to million dollar money laundering and fraud scams. He was not charged, but indicted on October 2, 2003 with grand larceny. The indictment stemmed from a 2002 case where he allegedly defrauded clients of New York Company Omega Advisors Inc. of $182 million in his dealings in Azerbaijan in 1998. He could face 25 years in prison in the US.

But at the beginning of his extradition hearing, Kozeny’s lawyer, Clive Nicholls carefully outlined why Kozeny should not be handed over to U S authorities.

Citing portions of the Foreign Corruptions Practices Act (FCPA), Mr Nicholls told the court that Kozeny didn’t qualify to be extradited to the U S because there are four criteria one must fulfill. He explained that under the FCPA a person could only be extradited if he is a citizen of the U S, an officer or director of domestic concern or a stockholder, or if he is an employee or agent of domestic concern who was subject to U S jurisdiction. According to Mr Nicholls, his client doesn’t fall under any of the categories.

Mr Nicholls further explained to the court that since The Bahamas is not a part of the Organisation of Economic Cooperation and Development (OECD), Kozeny’s alleged bribery scheme does not amount to an offence in the country. The United States is a part of the OECD, however, that country didn’t join until 1999.

Mr Nicholls then went on to present four key points that the defense found explaining why Kozeny should remain in The Bahamas. He told Magistrate Bethel that there is no evidence that his client acted as an agent, Kozeny is not a citizen nor resident of the U S, his client’s case does not amount to an offence in the U S, and finally, none of the charges are sustainable in the U S.

Kozeny’s lawyer also explained to the court that almost all of Kozeny’s alleged involvement in bribery occurred outside of the United States, another reason why his client should not be handed over to authorities there. As it relates to the alleged conspiracy, Mr Nicholls said conspiracy is not an extraditable crime.

But Magistrate Bethel dismissed these arguments and ordered that Kozeny be extradited.

However, prosecutor to the case Francis Cumberbatch told the Guardian that the judge has allowed Kozeny’s team the opportunity to exercise their right to appeal the ruling.