The United States’ request for the extradition of Czech-born financier Viktor Kozeny is flawed, attorneys for the Lyford Cay resident argued yesterday in the magistrate’s court.
Attorney Clive Nichols told Magistrate Carolita Bethel that the prosecution had not established a connection that places his client in violation of a U.S. law that was put in place for U.S. citizens.
Mr. Nichols said that since his client is neither a U.S. citizen nor a resident he is not subject to be prosecuted as one.
Kozeny was indicted in a New York court back in October under the U.S. Foreign Corrupt Practices Act.
U.S. prosecutors are alleging that Kozeny and several others were involved in a plan to bribe officials in Azerbaijan in a move to take control of the state-owned oil company during a privatisation process, and want to try him in a New York court.
Mr. Nichols argued that there is no evidence in the bundle of documents from the U.S. to support such a link.
The attorney also scrutinised both the Bahamas’ Extradition Act and the Extradition Treaty between The Bahamas and United States.
Mr. Nicholls said that Kozeny’s alleged acts of bribery of government officials are not punishable by Bahamian law, and are therefore not covered under the Extradition Treaty.
He said even if the other side had proven a link that Kozeny was working as an agent for one of the U.S. companies involved in the alleged scheme, there could only be a civil suit filed under the law.
On Wednesday, prosecutor Francis Cumberbatch produced several sworn affidavits from Kozeny’s alleged co-conspirators seeking to implicate him.
Those affidavits gave detailed sworn accounts of how Kozeny allegedly bribed high-ranking officials of the former Soviet Republic of Azerbaijan to let him in on the privatization process of the state-owned oil company by underhandedly purchasing special vouchers that were necessary to the process.
The documents also outlined how Kozeny allegedly transferred millions of dollars to government officials and their relatives, along with offering lavish trips and shopping sprees.
The case continues today at 10:30 a.m.
By: Stephen Gay, The Bahama Journal
