Identifier
Created
Classification
Origin
09BANGKOK1367
2009-06-05 08:54:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bangkok
Cable title:  

VIKTOR BOUT CASE: URGENT REQUEST TO RETAIN LOCAL

Tags:  KLIG PREL KJUS TH 
pdf how-to read a cable
VZCZCXYZ0000
OO RUEHWEB

DE RUEHBK #1367 1560854
ZNR UUUUU ZZH
O 050854Z JUN 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7215
INFO RUEABND/DEA HQS WASHINGTON DC IMMEDIATE
RUEAWJL/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
UNCLAS BANGKOK 001367 

SENSITIVE
SIPDIS

STATE FOR L/DL AND EAP
DOJ FOR OFL

E.O. 12958: N/A
TAGS: KLIG PREL KJUS TH
SUBJECT: VIKTOR BOUT CASE: URGENT REQUEST TO RETAIN LOCAL
COUNSEL TO RESPOND TO ACTION AGAINST DEA AGENTS

REF: A. BANGKOK 1317 (RESPONSE TO CRIMINAL COMPLAINT)

B. BANGKOK 1253 (CRIMINAL COMPLAINT VS. DEA)

C. STATE 1087 (PROCEDURES FOR HANDLING LAWSUITS ETC.)

UNCLAS BANGKOK 001367

SENSITIVE
SIPDIS

STATE FOR L/DL AND EAP
DOJ FOR OFL

E.O. 12958: N/A
TAGS: KLIG PREL KJUS TH
SUBJECT: VIKTOR BOUT CASE: URGENT REQUEST TO RETAIN LOCAL
COUNSEL TO RESPOND TO ACTION AGAINST DEA AGENTS

REF: A. BANGKOK 1317 (RESPONSE TO CRIMINAL COMPLAINT)

B. BANGKOK 1253 (CRIMINAL COMPLAINT VS. DEA)

C. STATE 1087 (PROCEDURES FOR HANDLING LAWSUITS ETC.)


1. (U) ACTION REQUESTED - see para 4.


2. (SBU) In an effort to delay his extradition to the United
States, international arms trafficker Viktor Bout has filed a
criminal complaint in Bangkok against three U.S. Drug
Enforcement Administration agents (ref B). Bout's meritless
complaint is based on actions taken by the DEA agents within
the scope of their employment. Refs A and B requested that
the Department of Justice provide legal representation for
the three employees; recommended highly qualified local
counsel for this purpose; and sought general guidance from
the Office of the Legal Advisor and the DOJ's Office of
Foreign Litigation in responding to this litigation. The DEA
and its employees have already submitted, or are in the
process of completing, the forms and acknowledgments to
permit DOJ representation in this matter.


3. (SBU) On June 5, the Charge d'Affaires, a.i. convened a
State-DEA-DOJ meeting in Bangkok. Participants concluded
unanimously that it was critical for post to immediately
retain local counsel to respond to Bout's complaint in a
manner that protects our personnel and advances U.S.
interests. Time is of the essence in responding
appropriately and effectively to this litigation. A
mediation session has been scheduled at the Southern Bangkok
Criminal Court on June 30, 2009, and a Preliminary Hearing is
set for July 13, 2009.


4. (SBU) We believe guidance in ref C currently prohibits our
retaining legal counsel without authorization; we urge that
the Department immediately grant authority for us to retain
local counsel. Post would also welcome front-channel
guidance from L or DOJ as to how to respond to this criminal
litigation. To permit full consideration of available
options under Thai law, and to avoid any prejudicial delay,
post requests that L and DOJ authorize the retention of local
counsel no later than Monday, June 8, 2009.


5. (U) Post stands ready to work closely with L and DOJ in
the interviewing and retention of local counsel. Post's POC
on this matter remains DOJ Attache Christopher P. Sonderby,
who can be reached as follows:
Office: 662-205-4678
Cell: 6689-969-5928
Fax: 662-254-2839
Email: sonderbycp@state.gov
ENTWISTLE