The Czech Republic has made no formal request as yet for the extradition of Lyford Cay resident Viktor Kozeny, who faces fraud charges in his homeland, according to Minister of Foreign Affairs Fred Mitchell.
Minister Mitchell recently told the Bahama Journal that he is not aware of any specific extradition application made by officials in the Czech Republic or by U.S. authorities. Kozeny is allegedly linked to a $182 million embezzlement scheme in the United States.
ﾓBut if there is an extradition treaty, the treaty would be subject to the same procedures that are outlined in the Extradition Act which means that once papers are filed and the request is made, and the person is summoned to go before the magistrate, the magistrate has to investigate the charges to see if they fall within the treaty and whether or not they match up with offences that are similar in Bahamian law,ﾒ he said.
ﾓOnce that case is made outﾅthe magistrate can order the extradition. And it would be up to the minister to decide whether that order will be carried out, provided the matter is not appealed beyond the magistrateﾴs court.ﾒ
Kozeny has not set foot in the Czech Republic since fleeing the country in 1994 and renouncing his Czech citizenship.
Authorities in the Czech Republic allege Kozeny built his once-fabulous fortune by using cash that belonged to hundreds of thousands of small investors in his Czech mutual funds.
An international warrant for his arrest was issued earlier this year, however, the Bahamas does not have diplomatic relations or a legal assistance treaty with the Czech Republic.
As a result, the Czech Republic now bases the negotiations on a 1925 treaty on the extradition of criminals, which was also obligatory on all British colonies at the time, including the Bahamas.
If the Bahamas first extradites Kozeny to the United States, based on its extradition treaty, Czech authorities can ask the United States for help.
They could either ask the U.S. to hear Kozeny in the Czech criminal case, or ask the U.S. to temporarily extradite Kozeny for hearing.
Should Kozeny, who now has Irish citizenship, be released to Czech authorities on the basis of the treaty with the Bahamas that was reportedly uncovered, he would be tried there on large-scale fraud.
If Kozeny wanted to leave the Bahamas, he would have to consider well where to seek refuge. The international warrant has already been sent to national branches of United Kingdom-based Interpol, making it increasingly difficult for the wealthy Lyford Cay resident to seek refuge in many other countries.
Rogan M. Smith, The Bahama Journal
