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Monday, April 21, 2014

Korean businessman seeks to stop his extradition

A Korean businessman who’s been found extraditable for the offenses he allegedly committed in South Korea has filed a petition to stop his extradition.

Jae Boong Kim, through counsel Samuel Mok, filed a petition for writ of habeas corpus that requires that the certifications of extraditability presently in effect against him be vacated.

Kim asked the U.S. District Court for the NMI to stay the extradition until habeas corpus review is completed and a former order is issued.

The businessman named as respondents in his petition U.S. Marshal for the District of the NMI Don Hall, U.S. Attorney General Eric Holder, and U.S. State Secretary John F. Kerry.

Mok stated in the petition that there is no direct appeal from an extradition order and that the only available procedure for review of a final order of extradition is to first seek a writ of habeas corpus in federal court.

Mok said if the writ is denied, such denial can be appealed to the U.S. Court of Appeals.

The lawyer said the allegations against his client were insufficient to establish the probable cause requirement for extradition under the treaty and were otherwise deniable as the statute of limitations had expired.

He noted that the relevant statute of limitations for the analogous federal fraud offenses is five years and four years for the analogous CNMI offenses.

Mok pointed out that the last allegedly fraudulent act occurred in July 2005 and an arrest warrant was used by a court in Korea on July 26, 2006.

He said more than five years have elapsed between the date of the last fraudulent act in July 2005 and the filing of the new arrest warrant on May 22, 2012, and the filing of the complaint.

Last October and November, U.S. District Court for the NMI Chief Judge Ramona V. Manglon issued a certification of extraditability for Kim in connection with two cases.

The U.S. government, on behalf of the Republic of Korea government, has filed two extradition cases against Kim for offenses committed entirely in Korea.

Federal agents arrested Kim last May on Saipan based on two outstanding arrest warrants in South Korea for allegedly defrauding two women of about 530.8 million Korean won ($477,632) and defrauding some Korean nurses by falsely promising them jobs in Guam.

In her ruling, Manglona said a court’s role in extradition proceedings is limited.

Manglona said the court’s sole duty, as well as power, is “to determine an individual’s eligibility to be extradited” and, where applicable, certify him as extraditable.

Attorneys Stephen Woodruff and Joe Hill served as counsel for Kim in the extradition cases.

Woodruff earlier stated that Kim admits that he borrowed money from the two persons described in the complaint, but with the intent to fully repay them.

In the second case, Woodruff said the complaint fails to acknowledge that Kim refunded a portion of the fees by the unsuccessful candidates for nurses at Guam Memorial Hospital.

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