REGIONAL DOJ ATTACHE DISCUSSES FUGITIVE/BRIBERY

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 000949 SIPDIS NEA/ARP E.O. 12958: DECL: 08/13/2019 TAGS: PREL CJAN KTIA KCRM KU SUBJECT: REGIONAL DOJ ATTACHE DISCUSSES FUGITIVE/BRIBERY CASES WITH MINISTRY OF JUSTICE Classified By: DCM Tom Williams for reasons 1.4 b and d ¶1. (C) Summary: During a September 29 meeting, Cairo-based Department of Justice Attach Jeffrey Cole, accompanied by RSO and Poloff, turned over to Ministry of Justice Counselor Najeeb Mulla Mohammed files pertaining to the case of Munirah Al-Tarrah, a fugitive Kuwaiti/U.S. dual citizen sought in Arizona following her conviction in a fatal 2005 hit-and-run incident. Kuwait plans to try Al-Tarrah separately, a step that is hoped would remove impediments to approving a Mutual Legal Assistance Treaty (MLAT). On a separate matter, Cole told Mohammad that he is seeking bank records related to an investigation into charges against Amcit Terry Hall, a former civilian contractor indicted in 2007 for soliciting bribes from military contractors, and hopes to have these available in the near future. End Summary. -------------- Munirah Al-Tarrah fugitive case -------------- ¶2. (C) During the meeting with Najeeb R. Mulla Mohammed, Counselor in MOJ's Department of Criminal Implementation and External Communications, Cole raised the case of Munirah Ali Al-Tarrah, a Kuwaiti/American dual national who was charged with having killed Amcit Todd DeGain on September 14, 2005 with her vehicle while driving under the influence. Al Tarrah was apprehended and charged with fleeing the scene of the accident (it was subsequently determined that DeGain had wandered onto the road, causing the accident). Released on bond, she subsequently fled the U.S. and returned to Kuwait, where she has since resided as a fugitive under an Interpol red notice. An Arizona court subsequently convicted Al-Tarrah in absentia. The GOK now seeks to prosecute Al-Tarrah, daughter of a prominent Kuwaiti journalist, in Kuwait and would like to reach an agreement under which Arizona will agree to dismiss its sentence and approve any sentence the Kuwaiti court hands down. Such a resolution would pave the way to move forward with plans to secure a bilateral Mutual Legal Assistance Treaty (MLAT). During the meeting, Cole noted that a five-person GOK delegation met in Washington on July 29 with representatives from State and Justice and also with a prosecutor from Maricopa County in Arizona, the location of the accident, to discuss these issues. Cole noted that Arizona prosecutor Sally Wells, who participated in the July 29 meeting, declined to guarantee that Arizona would approve any sentence handed down by a Kuwaiti court, but agreed to turn over to the GOK the complete Arizona prosecutor's file in this case for its consideration. Cole provided these files to Mohammed during the September 29 meeting. In handing over the files, Cole emphasized that Arizona retains the option to maintain its own conviction against her and to decline a sentence handed down by a Kuwaiti court; it could also decline to seek dismissal of an Interpol red notice against her. Counselor Mohammed told Cole that the GOK understands that Arizona retains this option and said he would begin arranging for the translation of the case files into Arabic for the Kuwaiti courts. -------------- Terry Hall bribery case -------------- ¶3. (C) Cole and Mohammed next discussed the case of AmCit Terry Hall, a civilian contractor indicted in 2007 for soliciting bribes from U.S. military contractors. Hall's indictment charged that, in 2005, while working as a civilian contractor in Kuwait, he bribed two U.S. Army officers with money and jewelry to help secure multi-million dollar deals to supply bottled water and fencing materials to a U.S. military facility at Camp Arifjan. Following his indictment, a federal grand jury in September 2008 returned a superseding indictment against him and an investigation into the case continues. The USG, Cole noted, now seeks to obtain Hall's Kuwaiti National Bank (KNB) records as part of that investigation. Mohammed told Cole that the GOK will communicate this information to KNB and expects to receive Hall's records "within the next few weeks." Mohammed promised to notify both Cole and RSO as soon as he received these records. -------------- Comment -------------- ¶4. (C) That the GOK is considering moving forward to try Al-Tarrah is a welcome development and the sharing of the Maricopa County prosecutor's files on this matter should KUWAIT 00000949 002 OF 002 provide ample grist. Given differences in legal systems, however, it is as yet unclear as to what verdict a Kuwaiti court might pronounce on such a case let alone what punishment it might impose. The process has moved forward as a result of this meeting, but the ultimate outcome -- and whether such an outcome would meet Arizona expectations and consequently pave the way for forward movement on an MLAT -- remains uncertain. End Comment. ********************************************* ********* For more reporting from Embassy Kuwait, visit: visit Kuwait's Classified Website at: http://www.intelink.sgov.gov/wiki/Portal:Kuwa it ********************************************* ********* JONES