View Full Version : The Kingpin Act & 90
bahamiangoddess 09-01-06, - 02:20 AM The U.S passed a law in 2002 which will make it very difficult for "90" to receive a fair trial as he may not be able to transfer funds to the U.S to pay for his defence. Today "90" was taken before a Federal Judge for a pre-trial and bail hearing, but due to the fact that he had no Attorney present, the hearing was adjourned for a later date when counsel will be available. From the looks of things and the implications of the Kingpin Act "90" may very well be represented be a court appointed lawyer. As we all know the majority of them are overloaded with cases. A lawyer from the Bahamas was present but not allowed to act as counsel as he is not a member of the Bar in Florida. BUT, the very important question of the day is, even if he finds a lawyer in the U.S willing to represent him, HOW WILL HE PAY FOR THE SERVICES???? Under the designation of Kingpin, anyone who does business with such persons may have their assets seized and face felony charges. "90" is used to having his dream team which would include the best representation that money can buy, in light of the Act this case is going to very interesting.
(a) IN GENERAL- To carry out the purposes of this Act, the Secretary of the Treasury may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise--
(1) investigate, regulate, or prohibit--
(A) any transactions in foreign exchange, currency, or
securities; and
(B) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interests of any foreign country or a national thereof; and
(2) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent, or prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, placement into foreign or domestic commerce of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States.
Office of Foreign Assets Control
The President has identified the following seven foreign persons as significant foreign narcotics traffickers under the Foreign Narcotics Kingpin Designation Act.
They have been incorporated into OFAC's SDN list as [SDNTK]s:
DA COSTA, Luis Fernando (a.k.a. BEIRA-MAR, Fernandinho); DOB 4 Jul 1967; POB Rio de Janeiro, Brazil (individual) [SDNTK]
GONZALEZ QUIRARTE, Eduardo (a.k.a. GONZALEZ QUIRARTE, Lalo; a.k.a.
GONZALES QUIRARTE, Jose; a.k.a. GONZALEZ LOPEZ, Gregorio; a.k.a.
ORELLANA ERAZO, Hector Manuel; a.k.a. GOMEZ CHAVEZ, Gabriel); DOB 28 Aug 1962; alt DOB 20 Aug 1962; POB Jalisco, Mexico; Passport No. 96140045817 (Mexico), Passport No. 97380018185 (Mexico); SSN 550-63-9593 (U.S.A.) (individual) [SDNTK]
IBRAHIM, Haji (a.k.a. KHAN AFRIDI, Haji Ibrahim; a.k.a. KHAN, Haji Ibrahim; a.k.a. IBRAHIM, Haji Ehai); DOB 28 Sep 1957; POB Pakistan (individual) [SDNTK]
KNOWLES, Samuel (a.k.a. KNOWLES JR., Samuel); DOB 28 May 1959; POB Bahamas (individual) [SDNTK]
The kingpin Act
http://www.fear.org/hr3164eh.html
Tafadhali 09-01-06, - 02:25 AM Im mad at the BBA not mandating that at least 25% of their members having LLM's and being affiliated wiht other bar asssociation besides england and wales and the other carribbean countries...not one Bahamian lawyer can represent this man...sad. this is embarrassing...and seeing how close we are to the US! ...granted the Florida Bar is no joke...but this is absurd...we need to tighten up!
witht hat said...it seems like 90 is on his own...he better go to the law library in the federa; prison and try and grasp the serious of his situation... Im sure he knows who got his back now!
pharoah 09-01-06, - 02:56 AM It is my understanding that he can use his money to pay his lawyers fee. The kingpin act don't cover the payment of legal funds. The irony of what you just said steers you right in the face. Nighty was able to delay his arraignment and yet you said that he cant get a fair trial! What gives?
Tafadhali 09-01-06, - 03:03 AM It is my understanding that he can use his money to pay his lawyers fee. The kingpin act don't cover the payment of legal funds. The irony of what you just said steers you right in the face. Nighty was able to delay his arraignment and yet you said that he cant get a fair trial! What gives?
good morning. :)she said it...he didnt have representation...well at least Florida Bar recognized representation...the Bahamian counsel shouldnt have shown his face...maybe he was just there to milk the cow before it dry out....what a shame...but im the least bit surprised...well seeing that he can uus ehis won money...maybe just maybe he can cop a plea for 20 years...but then jamaica and canada want him too...
bahamiangoddess 09-01-06, - 03:14 AM It is my understanding that he can use his money to pay his lawyers fee. The kingpin act don't cover the payment of legal funds. The irony of what you just said steers you right in the face. Nighty was able to delay his arraignment and yet you said that he cant get a fair trial! What gives?
I never used the word "CAN'T", I said "will make it difficult"
pharoah 09-01-06, - 03:34 AM good morning. :)she said it...he didnt have representation...well at least Florida Bar recognized representation...the Bahamian counsel shouldnt have shown his face...maybe he was just there to milk the cow before it dry out....what a shame...but im the least bit surprised...well seeing that he can uus ehis won money...maybe just maybe he can cop a plea for 20 years...but then jamaica and canada want him too...
I agree with you taff. His lawyers suppose to be over there long time. What the hell they doing in the Bahamas practising A**. If i was 90 i wont give them a red cent!!
canewry 09-01-06, - 07:52 AM Im mad at the BBA not mandating that at least 25% of their members having LLM's and being affiliated wiht other bar asssociation besides england and wales and the other carribbean countries...not one Bahamian lawyer can represent this man...sad. this is embarrassing...and seeing how close we are to the US! ...granted the Florida Bar is no joke...but this is absurd...we need to tighten up!
witht hat said...it seems like 90 is on his own...he better go to the law library in the federa; prison and try and grasp the serious of his situation... Im sure he knows who got his back now!
How many American lawyers are able to practice law in the Bahamas
Abiskan Moon-Angel 09-01-06, - 11:05 AM Im mad at the BBA not mandating that at least 25% of their members having LLM's and being affiliated wiht other bar asssociation besides england and wales and the other carribbean countries...not one Bahamian lawyer can represent this man...sad. this is embarrassing...and seeing how close we are to the US! ...granted the Florida Bar is no joke...but this is absurd...we need to tighten up!
witht hat said...it seems like 90 is on his own...he better go to the law library in the federa; prison and try and grasp the serious of his situation... Im sure he knows who got his back now!
:eek: are you joking? as if legal studies arent expensive enough...mind you, having said that, their are many of us who now have LLMs, usually in commercial law though. and there is a huge movement of young bah. lawyers who are increasingly finding the NY bar more enticing -God only knows why - none of them ever go and practice out there! but you're right, considering the proximity to florida, more bah. should be called to the florida bar. you must bear in mind though, not many lawyers are falling over to do this sort of work (drug/crime). the art of advocacy seems to be dying as more people are interested in hauling in the cash from corporate work!
nationbuilder 09-01-06, - 11:10 AM How many American lawyers are able to practice law in the Bahamas
ok? His Bahamian lawyers could have been there with pom-poms and all that, but they couldnt appear as his court-recognised council for his arraignment.
Abiskan Moon-Angel 09-01-06, - 11:12 AM and in addition to what i just wrote, i suppose young lawyers would weigh the pros and cons. i mean, the US has a totally different legal system, and the chances of having to appear in a florida court are comparitively low. i mean a case like this comes along how often? so you consider: is it worth it to study even longer and pay even more to sit the FLorida bar, when in fact your chances of appearing are virtually nil in your professional career. i think not. :uh:
trubahamian 09-01-06, - 11:41 AM Im mad at the BBA not mandating that at least 25% of their members having LLM's and being affiliated wiht other bar asssociation besides england and wales and the other carribbean countries...not one Bahamian lawyer can represent this man...sad. this is embarrassing...and seeing how close we are to the US! ...granted the Florida Bar is no joke...but this is absurd...we need to tighten up!
witht hat said...it seems like 90 is on his own...he better go to the law library in the federa; prison and try and grasp the serious of his situation... Im sure he knows who got his back now!
Anyone wit half a brain,realising he was facing extradition and trial for so long,would have arranged funds through a third party,if necessary,to pay legal fees!Why on earth would he want a Bahamian shyster when he could have a full pledged American shyster for an American trial?:cool: BTW/We have a Bahamian American lawyer right here on dis forum.Why not ask him for counsel on dis issue?
canewry 09-01-06, - 11:59 AM I agree with you taff. His lawyers suppose to be over there long time. What the hell they doing in the Bahamas practising A**. If i was 90 i wont give them a red cent!!
the PLP sending 90 over early caught them off guard! They weren't prepared...they thought they at least had a month to prepare....
nationbuilder 09-01-06, - 12:02 PM the PLP sending 90 over early caught them off guard! They weren't prepared...they thought they at least had a month to prepare....
basically
islandgyal 09-01-06, - 02:31 PM Im mad at the BBA not mandating that at least 25% of their members having LLM's and being affiliated wiht other bar asssociation besides england and wales and the other carribbean countries...not one Bahamian lawyer can represent this man...sad. this is embarrassing...and seeing how close we are to the US! ...granted the Florida Bar is no joke...but this is absurd...we need to tighten up!
witht hat said...it seems like 90 is on his own...he better go to the law library in the federa; prison and try and grasp the serious of his situation... Im sure he knows who got his back now!
right on. every other country has reciprocal privileges with the u.s.. what is WRONG with our set that they can't be bothered to apply? dayum, leaving our citizens to flop in the wind with a pro bono attorney ... that's impressive to the rest of the world at large.
Tafadhali 09-01-06, - 02:41 PM How many American lawyers are able to practice law in the Bahamas
a few...I dont know them but its more than one.
but let me turn that question on you...how many Bahamians are members of the American Bar Association?
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