Identifier
Created
Classification
Origin
09KUWAIT949
2009-09-30 11:10:00
CONFIDENTIAL
Embassy Kuwait
Cable title:  

REGIONAL DOJ ATTACHE DISCUSSES FUGITIVE/BRIBERY

Tags:  PREL CJAN KTIA KCRM KU 
pdf how-to read a cable
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PP RUEHDE RUEHDH RUEHDIR
DE RUEHKU #0949/01 2731110
ZNY CCCCC ZZH
P 301110Z SEP 09
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 3992
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
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

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.

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For more reporting from Embassy Kuwait, visit:
visit Kuwait's Classified Website at:

http://www.intelink.sgov.gov/wiki/Portal:Kuwa it
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JONES