Minister of Foreign Affairs Fred Mitchell confirmed over the weekend that he has granted approval for extradition proceedings to begin against Czech-born financier Viktor Kozeny.
The United States is seeking the extradition of Kozeny – a Lyford Cay resident being held at Her Majesty’s Prison.
He was indicted in October by a federal grand jury in Manhattan, New York for allegedly participating in a massive scheme to bribe senior government officials in the former Soviet republic of Azerbaijan.
Bahamian police arrested Kozeny at his Lyford Cay residence after the United States issued the extradition request. He has been unsuccessful in attempts to secure bail.
The prosecution has contended that Kozeny, a trained pilot who has citizenship in Venezuela and Ireland, would be a flight risk if released on bail.
He is scheduled to return to court on December 12 during which time a date for the extradition hearings is expected to be set.
Kozeny, Frederic Bourke Jr. and David Pinkerton have been charged in the United States with conspiracy to violate the Foreign Corrupt Practices Act, which makes it a crime to offer to pay, or to pay, foreign government officials in order to obtain or retain business.
The defendants are also charged with related crimes, including money laundering.
U.S. officials alleged that this particular crime came about as a result of wire transfers of millions of dollars to purchase Azeri vouchers and options, which in turn promoted violations of the Foreign Corrupt Practices Act.
The conspiracy to violate the Foreign Corrupt Practices Act and Travel Act count, and the false statements counts each carry a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the gross gain or loss resulting from the alleged violations.
The money laundering conspiracy and substantive counts each carry a maximum penalty of 20 years in prison and a maximum fine of $500,000 or twice the value of the laundered funds.
Finally, the indictment contains a Forfeiture Allegation seeking the forfeiture by the defendants of $174 million that was allegedly involved in the charged money laundering offenses.
Reports that the foreign minister has given approval for proceedings to begin against Kozeny came as a group of activists continued to push for the government to cause there to be a review of the Extradition Act.
But their concerns have centred more on what they say is the violation of the constitutional rights of Bahamian citizens. (Kozeny is a permanent resident.)
The activists, who include attorney Maurice Glinton, economist Dr. Gilbert Morris and others, contend that the sovereignty of The Bahamas is threatened when it gives into other countries’ requests to have Bahamian citizens extradited to face crimes that may not have even been committed abroad.
But the group stressed that it is not supporting criminals.
On Thursday, Attorney General Alfred Sears told The Bahama Journal that extradition by its very nature is a controversial issue. Speaking generally about the matter, he said it is important for The Bahamas to have extradition treaties with countries like the United States because such treaties are needed to respond effectively to cross border crimes.
“In the case of The Bahamas, we have an extradition treaty with the United States. On occasions we have extradited persons from the United States,” Mr. Sears said.
He said he believes that such debates like the extradition issue are healthy.
“I think that this is one of the healthy things in a democratic country where laws are subject to critical scrutiny, to public examination and public debate. So I see it really as a healthy manifestation of the Bahamian democracy,” Mr. Sears said.
He said while there are no immediate plans to review the Extradition Act, in light of international evolving practices and in consultation with concerned citizens, the government would be open to dialogue in this regard.
“Certainly the legislators and government, opposition as well as NGOs will benefit from the reflection of the social consensus within the society,” Mr. Sears told The Bahama Journal.
By: Candia Dames, The Bahama Journal
