Alex Ojjeh v. Paylor

 Alex Ojjeh v. Paylor

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE DIVISION

FACTUAL FINDINGS AND PROCEDURAL BACKGROUND

2011

Alex Ojjeh is a Saudi-African American businessman under the suspicion of bribery deals in The United Arab Emirates, Hungary and Libya. His lengthy legal path began when the US government filed a criminal complaint on July 16, 2011 within the Miami Court charging him with violating American drug laws concerning the importation of illegal drugstherefore causing the seizure of $77 million worth of narcotics and weapons from the warehouse in Hong Kong.Another seizer of US$105 million in cash at his Miami Florida home several months earlier, played a task in high-profile money laundering investigations by US authorities.

The discovery of narcotics alongside weapons in Hong Kong warehouse, was affirmed the biggest narcotics seizure in Hong Kong drug enforcement history. Alex Ojjeh’s attorney, Smith, says his client was a legitimate businessman.

With reference to the criminal conspiracy charge, the court found that Alex “employed eight men from Mexico” named individuals which there was evidence “to believe that not only did Alex act together with these individuals to violate Mexican drug and concealment laws, but that he directed the activities of this criminal conspiracy.” Id. at 84; cf. id., Findings of Fact at ¶ 65.

Having reviewed the record and therefore the arguments of the parties, the Court concludes that the primary ground given by the court is insufficient to determine dual criminality for the drug charges. See ECF No. 41, Ex. B, at 24–29 n. 10. That is, there wasn’t enough evidence to seek out that Alex was involved in illegal drug or firearms trading.

a. Alex wasn’t “prosecuted or … tried and convicted or acquitted ….” within the criminal case within the US.

  1. Alternatively, Alex argues that dismissal of the federal criminal charges with prejudice is an acquittal because prosecution bars prosecuting him again within the US onequivalent charges.The Government filed a superseding indictment on November 16, 2011 charging Alex Ojjeh with one count concealment. The criminal case remained pending until the govt moved to dismiss all charges without prejudice. Eventually, with the Government’s consent, the court dismissed all criminal charges with prejudice under.

Here, the govt dismissed the federal criminal case against Alex with prejudice pursuant to Rule 48(a). the precise reason the govt dismissed its case is subject to some debate—moreover its evidence was weak. Ultimately, the rationale for this dismissal is of no consequence, because the district court never addressed the climate of the criminal charges within the US, and Alex was never in jeopardy of a finding of guilt on the merits. In short, Alex was never placed within the warehouse or in jeopardy of being convicted and therefore the dismissal of drug trafficking charges stood.

Finally, on the money laundering charges, the court concluded that there was evidence to believe Alex had “engaged in concealment of proceeds from his illegal drug activity, partially by keeping duffle bags full of money in a closet, and partially by tunneling cash proceeds through Mexican money exchanges. This accumulation of unexplained wealth [occurred] at an equivalent time that Alex was engaged in importation and manufacturing; his surreptitious handling of receipts and payments involving the Hong Kong plant; plus, his use of Mexican money exchanges to disguise payments to American Orient Capital.” Id. at 86; cf. id., Findings of Fact at ¶¶ 49–63. Alex is transferred to state penitentiary for three years.

Claim 3: The Dual Criminality Requirements of Bribery 2020.

There is a direct appeal from Alex’s attorneys to grant a transfer of court. Rather Alex participated in bribery or corrupt deals should not be up to the jurisdiction of Florida and sought to be a “unquestionably” bias. Any constitutional claim must not relate to alleged 2011 unconstitutional violations by the United States government.

  1. Respondents’ Motion to Dismiss Certain Respondents

Alex was initially detained in Germany. While under an investigation with Dubai and US. The United Arab bench warrant submitted as a part of the extradition request charged Alex with:

  1. Participation in organized crime, for the aim of repeatedly committing crimes and operations with illegal funds;
  2. Arms deals offenses within the forms of:

Alex counters, however, the Court must take a broader approach, instead of narrowly considering the precise elements of every offense. Alex urges the Court to research the various criminal charges

Alex offers specific arguments on why arrest for bribery charges and arranged crime charges are all barred by Article 6, although he admits that extradition on the firearms challenges wouldn’t be prohibited by Article 6. See D.E. 63, at 35–37; ECF No. 71, Reply at 23–26; see especially D.E. 63, at 36 n. 9 (not challenging extradition for the firearms charges on this ground).

In Budapest, the Hungarian government sought the extradition of a businessman Jean-Alexander Ottke charged with variety of crimes associated with “an enormous mass of the financial assets” Ottke had formed from the merger of two banks he controlled under two different names, Alex Ojjeh and Jean-Alexander Ottke. The UScan’t bring charges against him “French reports, although in connection with” Alex’s father’s legal surname is Ojjeh and his mother required him to go by Ojjeh in 2007 specifically for job purposes. Id. at 171.

He financed the business ventures of a multitude of foreign and French corporations by placing funds in one account under Alex Ojjeh and therefore the other in US under Jean-Alexander Ottke both banks on time deposits with foreign banks and by legal balance sheets and books.

Alex is imagined to have possessed variety of deals that were from government officialsillegally, and deals were closed with bribes for cover and substantial amounts of money under both names. Factual findings for clear evidence shows accounts with millions offshore..Alex Ojjeh was detained in a Germany prison facility and undoubtedly when the Government filed its complaint. However, he was never “found” in Germany because he came under a different name.Ultimately, thecourt concluded that the Dubai and US prosecutors sought to punish different conduct.

Alex suggests, without accurate support, the Government acted in bad faith by bringing the criminal charges in Dubai. as a means to seek a favorable forum in the case, especially on the dual criminality issue.Court embraces the pure conjecture required to accept Alex’s argument that the Government tactically planned to bring the criminal charges in Germany. so that it would have a favorable forum in anbanishment proceeding.

As set forth in our motion to dismiss, the government has concluded, after balancing the relative strengths and weaknesses of the American, Libya, Hungarian, Dubaideals as well as the strong interest of Mexico, that it is preferable to defer. After a hearing, the presiding judge in the criminal case entered a written order, prepared by the Government, dismissing the indictment with prejudice, but the court never stated reasons for dismissing the criminal charges with prejudice.

  1. Claim 6A: This court doesn’t have jurisdiction to say whether exchange between companies should be considered bribery.

The single charge within the U.S. indictment is for conspiracy to bribe foreign officials.
For the explanations set forth supra at 3–5, Respondents’ Motion to Dismiss Certain Federal Respondents, ECF No. 102, is hereby GRANTED and the U.S. Secretary of State are hereby DISMISSED from the case.

David Curry

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