Identifier
Created
Classification
Origin
09BANGKOK1317
2009-06-02 09:34:00
UNCLASSIFIED
Embassy Bangkok
Cable title:
RESPONSE TO CRIMINAL COMPLAINT AGAINST DEA EMPLOYEES
how-toVZCZCXYZ0005 OO RUEHWEB DE RUEHBK #1317 1530934 ZNR UUUUU ZZH O 020934Z JUN 09 FM AMEMBASSY BANGKOK TO RUEHC/SECSTATE WASHDC IMMEDIATE 7168 INFO RUEAWJL/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
UNCLAS BANGKOK 001317
SIPDIS
STATE FOR L/DL
JUSTICE FOR OFL
E.O. 12958: N/A
TAGS: KLIG TH
SUBJECT: RESPONSE TO CRIMINAL COMPLAINT AGAINST DEA EMPLOYEES
REF: Bangkok 01253
UNCLAS BANGKOK 001317
SIPDIS
STATE FOR L/DL
JUSTICE FOR OFL
E.O. 12958: N/A
TAGS: KLIG TH
SUBJECT: RESPONSE TO CRIMINAL COMPLAINT AGAINST DEA EMPLOYEES
REF: Bangkok 01253
1. Pursuant to ALDAC State 1087, this will request that the
Department of Justice provide legal representation for the following
employees from the U.S. Drug Enforcement Administration recently
sued in a Bangkok court for acts performed during the course of
their official duties: Special Agent Derek S. Odney; Special Agent
Scott Seeley-Hacker; and Special Agent Robert Zachariasiewicz.
2. Special Agents Odney and Seeley-Hacker are, and were at all
relevant times, accredited to Post as A/T staff. Special Agent
Zachariasiewicz is assigned to the DEA's Special Operations Division
in Washington, D.C., and is not, and has never been, accredited to
Post. However, Special Agent Zachariasiewicz had received country
clearance and was acting under the authority of the Chief of Mission
at the time of the events described in the legal action.
3. As set forth in more detail in reftel, legal proceedings against
the three DEA employees were initiated on May 1, 2009, by a criminal
complaint filed by plaintiff Viktor Bout in Southern Bangkok
Criminal Court, entitled Criminal Litigation Between Mr. Victor
Analojevich Bout, Plaintiff, and Mr. Derek S. Odney, Defendant No.
1; Mr. Robert Zachariasiewicz, Defendant No. 2; and Mr. Scott
Hacker, Defendant No. 3, Case No. 1050/2552.
4. Post's Management Officer has concluded that the three employees
were "acting in the scope of employment and without gross negligence
or intentional misconduct" and recommends that DOJ legal
representation be provided.
5. Post recommends that DOJ consider retaining Mr. Surakiart
Sathirathai or Mr. Dej-Udom Krairit to represent the three
employees. Mr. Dej-Udom is currently the President of the Lawyers
Council of Thailand, a highly influential body, and has a sterling
reputation and excellent credentials. Mr. Surakiart is a former
foreign minister, deputy prime minister and candidate for the UN
Secretary General. He also comes highly recommended and has
outstanding credentials. Both attorneys speak excellent English.
6. The employees will submit written requests that DOJ provide legal
representation and completed DOJ-399 Forms through the DEA.
JOHN
SIPDIS
STATE FOR L/DL
JUSTICE FOR OFL
E.O. 12958: N/A
TAGS: KLIG TH
SUBJECT: RESPONSE TO CRIMINAL COMPLAINT AGAINST DEA EMPLOYEES
REF: Bangkok 01253
1. Pursuant to ALDAC State 1087, this will request that the
Department of Justice provide legal representation for the following
employees from the U.S. Drug Enforcement Administration recently
sued in a Bangkok court for acts performed during the course of
their official duties: Special Agent Derek S. Odney; Special Agent
Scott Seeley-Hacker; and Special Agent Robert Zachariasiewicz.
2. Special Agents Odney and Seeley-Hacker are, and were at all
relevant times, accredited to Post as A/T staff. Special Agent
Zachariasiewicz is assigned to the DEA's Special Operations Division
in Washington, D.C., and is not, and has never been, accredited to
Post. However, Special Agent Zachariasiewicz had received country
clearance and was acting under the authority of the Chief of Mission
at the time of the events described in the legal action.
3. As set forth in more detail in reftel, legal proceedings against
the three DEA employees were initiated on May 1, 2009, by a criminal
complaint filed by plaintiff Viktor Bout in Southern Bangkok
Criminal Court, entitled Criminal Litigation Between Mr. Victor
Analojevich Bout, Plaintiff, and Mr. Derek S. Odney, Defendant No.
1; Mr. Robert Zachariasiewicz, Defendant No. 2; and Mr. Scott
Hacker, Defendant No. 3, Case No. 1050/2552.
4. Post's Management Officer has concluded that the three employees
were "acting in the scope of employment and without gross negligence
or intentional misconduct" and recommends that DOJ legal
representation be provided.
5. Post recommends that DOJ consider retaining Mr. Surakiart
Sathirathai or Mr. Dej-Udom Krairit to represent the three
employees. Mr. Dej-Udom is currently the President of the Lawyers
Council of Thailand, a highly influential body, and has a sterling
reputation and excellent credentials. Mr. Surakiart is a former
foreign minister, deputy prime minister and candidate for the UN
Secretary General. He also comes highly recommended and has
outstanding credentials. Both attorneys speak excellent English.
6. The employees will submit written requests that DOJ provide legal
representation and completed DOJ-399 Forms through the DEA.
JOHN