Canadian Appeals Court Rejects Bid By Fugitive Banker Saxena To Block Extradition To Thailand

[sriracha john]

BC Appeal Court rejects bid by fugitive Thai banker Saxena to block extradition

VANCOUVER, B.C. — The long battle by fugitive Thai banker Rakesh Saxena to avoid extradition to Thailand on embezzlement charges may be drawing to a close, after the B.C. Court of Appeal rejected his bid to overturn earlier rulings upholding his removal.

Saxena was arrested in Whistler, B.C., in 1996 on an extradition warrant for his alleged part in a massive embezzlement scheme.

He's accused of stealing US$88 million from the Bangkok Bank of Commerce, which along with theft by others, triggered the bank's collapsed.

Saxena, 56, has been fighting ever since to stay in Canada, arguing he could be harmed if he returns to Thailand and won't get a fair trial.

Last month, Saxena asked the Appeal Court to reconsider earlier rulings upholding a ministerial order for his extradition.

Saxena, representing himself before the court, said surrendering him to Thai authorities would be a "miscarriage of justice."

He claims the evidence used to grant the initial extradition order more than a decade ago is not the material Thai prosecutors will use against him if he eventually goes to trial.

But the three-judge Appeal Court panel unanimously rejected all his arguments, saying none of them were strong enough to overturn previous rulings, nor override the decision of several federal justice ministers over the years to uphold the extradition order.

"The case involving the applicant has received the most ample consideration by several ministers of justice including the most recent consideration by Minister (Rob) Nicholson in December 2008," Justice John Hall wrote in the ruling released Wednesday.

"This court gave a compendious judgment in March 2006. Nothing that has been advanced here before us casts any doubt on the correctness of that decision."

Hall noted Saxena's application to the Supreme Court of Canada for leave to challenge the B.C. Appeal Court's 2006 ruling was dismissed.

It's not clear whether Saxena has any other avenues of appeal. The Justice Department lawyer acting for Thailand in the case was not available to comment.

However she noted previously that Thailand's statute of limitations on the charges runs out July 2010.

Saxena has been under house arrest for much of his extradition fight.

He suffered a stroke last March and uses a wheelchair. His mother has come to Canada to look after him and, along with a nurse, helped the partly paralyzed Saxena through his court appearance last month.

- THE CANADIAN PRESS / 41 minutes ago

[sriracha john]

Rakesh Saxena

Fugitive Thai banker Rakesh Saxena loses extradition appeal

VANCOUVER — Rakesh Saxena, the fugitive Thai banker, has lost another bid to avoid extradition.

The B.C. Court of Appeal has rejected his latest appeal in the longest running extradition case in Canadian history.

Saxena was arrested in Canada in 1996 and is wanted to stand trial in Thailand for allegedly defrauding the Bangkok Bank of Commerce of the equivalent of $88 million.

After lengthy proceedings, he was initially ordered committed for extradition in 2000. The case dragged on for several more years and then, in late 2006, the federal justice department agreed to review the matter after a military coup in Thailand. Last December the department re-affirmed the extradition order and Saxena appealed that order in hearings held in May.

But this week a three-member panel of the appeal court rejected that appeal, finding that the justice department made no errors.

“Nothing that has been advanced here before us casts any doubt on the correctness of that decision,” said a ruling by B.C. Court of Appeal Justice John Hall.

The case is far from over, however, as Saxena, who was self-represented at the latest appeal, is entitled to appeal to the Supreme Court of Canada.

The clock is ticking on the case and the appeal court noted recently that if the case is not dealt with by the Supreme Court of Canada by next June, the charges against Saxena become statute-barred and he will walk free.

- The Province (Canada) / 2009-06-11

[sriracha john]

Fugitive Thai banker losses appeal in Canada

VANCOUVER, British Columbia (AP) -- Fugitive Thai banker Rakesh Saxena lost another legal battle Thursday in his bid to remain in Canada.

The British Columbia Court of Appeal announced it has rejected Saxena's latest appeal to avoid repatriation in what has become one of the longest extradition cases in Canada's history.

Saxena was charged in Thailand in 1996 with looting about US$72 million from the Bangkok Bank of Commerce. Thailand alleges the fraud partially precipitated the bank's 1995 collapse and led to the Asian financial crisis of the late 1990s.

In May 1996, Saxena was an adviser for the Bangkok Bank when Thai authorities charged him with setting up a series of phony loans to siphon millions from the bank.

Thai police issued an arrest warrant on June 5, 1996, and Saxena was arrested by the Royal Canadian Mounted Police at the British Columbia ski resort town of Whistler.

Since then, Saxena has been under house arrest, free under strict conditions, back in custody and free again but with limitations.

He claims he is the fall guy for executives of the bank who are related to the Thai royal family, and by financial regulators embarrassed by the scandal.

Saxena appealed his extradition order from Canada's justice minister in May, arguing he would not receive a fair trial in Thailand. He said he faces danger in Thailand because of alleged human rights violations there.

The court declined to overturn the minister's decision.

"Nothing that has been advanced here before us casts any doubt on the correctness of that decision," said Justice John Hall.

Canadian Department of Justice spokesman Christian Girouard said Saxena is appealing the ruling to the Supreme Court of Canada. As such, he said, the department can't comment further.

The statute of limitations on the Securities Exchange Act charges in Thailand will run out in July 2010. If nothing happens by then, Saxena will be free of the charges.

Saxena could not be reached for comment. He suffered a stroke last March and uses a wheelchair. His mother has come to Canada to look after him and, along with a nurse, helped the partly paralyzed Saxena through his court appearance last month.

Kosit Chatpaiboon, Thai consul general in Vancouver, would not comment on the ruling Thursday.

- Associated Press / 2009-06-11

[sriracha john]

Canada Court rejects bid by fugitive Saxena to block extradition

Vancouver - The long battle by fugitive Thai banker Rakesh Saxena to avoid extradition to Thailand on embezzlement charges may be drawing to a close, after the Court of Appeal rejected his bid to overturn earlier rulings upholding his removal, Canadian media reported Friday.

Saxena was arrested in Candada in 1996 on an extradition warrant for his alleged part in a massive embezzlement scheme.

He's accused of stealing US$88 million from the Bangkok Bank of Commerce, which along with theft by others, triggered the bank's collapsed.

Saxena, 56, has been fighting ever since to stay in Canada, arguing he could be harmed if he returns to Thailand and won't get a fair trial.

Last month, Saxena asked the Appeal Court to reconsider earlier rulings upholding a ministerial order for his extradition.

He claims the evidence used to grant the initial extradition order more than a decade ago is not the material Thai prosecutors will use against him if he eventually goes to trial.

The Canadian media reported that the three-judge Appeal Court panel unanimously rejected all his arguments, saying none of them were strong enough to overturn previous rulings, nor override the decision of several federal justice ministers over the years to uphold the extradition order.

"The case involving the applicant has received the most ample consideration by several ministers of justice including the most recent consideration by Minister (Rob) Nicholson in December 2008," Justice John Hall wrote in the ruling released Wednesday.

"This court gave a compendious judgment in March 2006. Nothing that has been advanced here before us casts any doubt on the correctness of that decision."

Saxena has been under house arrest for much of his extradition fight.

He suffered a stroke last March and uses a wheelchair. His mother has come to Canada to look after him and, along with a nurse, helped the partly paralyzed Saxena through his court appearance last month.

-- The Nation 2009-06-11

[webfact]

The US border is not far away from where he lives...

[Journalist]

Cripes, he looks totally different than when I met him 12 years ago.....yet I am even more good looking than I was then.

Somehow I can't see him ever being returned to Thailand.

[Samuian]

He's been under house arrest last 12 years....well yes, the US but then... we'll see!

88 Mill. compared to some 76 billion is peanuts!

[billd766]

He's been under house arrest last 12 years....well yes, the US but then... we'll see!

88 Mill. compared to some 76 billion is peanuts!

But it is a start and with a bit of luck other persons will follow him.

[sriracha john]

Rakesh Saxena to be extradited before the case expires

BANGKOK, 12 June 2009 (NNT) – Director-General of the Foreign Litigation Department of the Attorney-General Office Sirisak Tiyapan is confident in apprehending Rakesh Saxena who is charged with a 2.5 billion baht embezzlement from the Bangkok Bank of Commerce (BBC).

Rakesh Saxena fled to Vancouver, Canada in 1996 after the collapse of BBC, which cost the government’s bailout more than 100 billion baht. Currently the Canadian Court rejected his appeal in bank fraud charges.

Mr. Sirisak said that the Thai Attorney-General's Office had been informed by a Canadian attorney that Rakesh Saxena had appealed to the Supreme Court as he had the right to do so.

He was required to appeal before June 15.

While the Canadian Supreme Court was considering his appeal the Thai Attorney-General had formed a team to bring him back to Thailand.

The Thai Attorney believed that Rakesh Saxena would be extradited to be prosecuted before the case expired in 2010.

-- NNT 2009-06-12

Edited June 12, 2009 by sriracha john

[brahmburgers]

He'll try to use the 'being sick' way out as much as possible. He'll say he can't fly on the plane, he'll say he can't show up in court, .....any dam_n thing to avoid facing the music. ....same as mafioso, who show up in US courts in wheelchairs and wearing oxygen masks (with a nurse or two standing alongside) - yet go out and play a round of golf within hours after being in court.

More realistically, Saxena will bolt. House arrest or not, with tens of millions of $$'s of ill-gained money hot in his pocket, he can hide away to any part of the planet he pleases.

[sriracha john]

Fugitive Saxena loses latest legal battle

Fugitive Thai banker Rakesh Saxena lost another legal battle yesterday in his bid to remain in Canada. The British Columbia Court of Appeal announced it has rejected Saxena's latest appeal to avoid repatriation in what has become one of the longest extradition cases in Canada's history.

Saxena is appealing against the decision. Saxena was charged in Thailand in 1996 with looting about US$72 million from the Bangkok Bank of Commerce (BBC). Thailand alleges the fraud partially precipitated the bank's 1995 collapse and led to the Asian financial crisis of the late 1990s.

In May 1996, Mr Saxena was an adviser to the BBC when Thai authorities charged him with setting up a series of phony loans to siphon millions from the bank. Police issued an arrest warrant on June 5, 1996, and Saxena was arrested by the Royal Canadian Mounted Police at the British Columbia ski resort town of Whistler.

Since then, Saxena has been under house arrest, free under strict conditions, back in custody, and free again but with limitations. Sirisak Tiyapan, chief public prosecutor for international cases, yesterday expressed his confidence that Mr Saxena would soon be sent back to Thailand to face a fraud trial.

Continued:

-- Bangkok Post 2009-06-13

Edited June 13, 2009 by sriracha john

[jalansanitwong]

Ive been following this case for years.Saxena is one of the most despicable people to flee Thailand in recent times.He ran to Canada because,due to its weird laws/regs it is considered one the better safe havens for despots and extremists .Canada is as much on trial as Saxena. Will they ever deport that lowlife who destroyed tens of thousands of peoples lives? Unlikely.he will do what all scum do and get somebody to push him into court slumped down in a wheel chair.I am just a poor frail old man you cant put me on a plane or on a boat. Theyre never sick when living the high life.

[hazz]

A thoroughly nasty piece of work, it would be nice to see him get what he deserves. I am surprised that the Canadians have been so keen to protect his rights, given what he's been up to on their soil

http://www.nriinternet.com/NRI_Fraud/ASIA/...a/1_crooked.htm

[Thai at Heart]

Found this hiding in the Bangkok Post yesterday. Was waiting for someone to push Saxena's story up the list.

BAM gets Bt2-bln from Saxena

By: BangkokPost.com

Published: 14/06/2009 at 10:41 AM

Bangkok Commercial Asset Management (BAM) had recovered two billion baht from former fugitive banker Rakesh Saxena, who was charged with looting more than 2.5 billion baht the now-defunct Bangkok Bank of Commerce (BBC) in 1996.

BAM president Banyong Wisetmongkolchai said on Sunday that the company had recovered two billion baht from Mr Saxena's investment in Switzerland-based Movenpick conglomerate, including hotel and restaurant businesses.

After the Canadian court ruled to extradite Mr Saxena, most of the criminal cases were close to expiration while the Thai court had already ruled the civil cases, Mr Banyong said.

Saxena is a former BBC advisor who siphoned the bank's funds, causing it to collapse in 1996.

http://www.bangkokpost.com/breakingnews/14...bln-from-saxena

http://thainews.prd.go.th/en/news.php?id=255206140015

What exactly does an investment in mean? Stocks? Well if they were in his name, it wouldn't have been too hard to find them.

[sriracha john]

Rakesh repatriation likely - BoT official

The prosecution and Bank of Thailand are confident fugitive Thai banker Rakesh Saxena would be repatriated to face fraud cases in Thailand. Veerachart Sriboonma, Director of the Legal Proceedings Office of the Bank of Thailand, said on Wednesday that Thai authorities are waiting for a decision by the Supreme Court of Canada.

The British Columbia Court of Appeal on June 13 rejected Rakesh's appeal to avoid repatriation. Rakesh has appealed against the ruling and the Supreme Court of Canada is expected to make its decision in August, Mr Veerachart said. He said Thai authorities have coordinated with Canada for Rakesh's repatriation and believed the chance of getting him back to face trial in Thailand is 80-90 per cent.

Rakesh was charged in Thailand in May 1996, when he was an adviser to the BBC, with looting about US$72 million from the Bangkok Bank of Commerce (BBC). The fraud was believed to be partially precipitated the bank's collapse in 1995 and led to the Asian financial crisis of the late 1990s.

Continued here:

http://www.bangkokpost.com/breakingnews/14...ly-bot-official

-- Bangkok Post 2009-06-24

[Journalist]

He said to me (over several glasses of Chateau Margaux for me and double Scotches for him), that he wanted to 'securitise the non performing loans of Bangkok Bank of Commerce'.

Which even in the frothy days of 1996 was an irrationally exuberant thing to say, hence why I remember it to this day.

[sriracha john]

BoT confident fugitive banker Saxena will be extradited to Thailand

BANGKOK, June 24 (TNA) - Thai authorities are confident that fugitive banker Rakesh Saxena, former adviser of the now defunct Bangkok Bank of Commerce (BBC), will be extradited from Canada and stand trial in Thailand, according to Bank of Thailand (BoT) Chief of Legal Proceedings Veerachart Sriboonma.

Mr. Veerachart said concerned Thai officials are “80-90 per cent confident” that Saxena will be sent back to Thailand following earlier requests to the Canadian authorities.

Saxena was apprehended in Canada in 1996 and is wanted to stand trial in Thailand on charges of defrauding BBC of more than Bt20 billion.

Last December the Canadian Federal Justice Department reaffirmed the extradition order while Saxena appealed that order in hearings in May this year, but the appeals court rejected that appeal, finding that the justice department had not erred.

Canada’s Court of Appeal noted that if the case is not dealt with by the Supreme Court of Canada by June 15, according to Mr. Veerachart, the charges against Saxena pass the period of statutory limitations for prosecution and he will walk free.

Although Saxena was expected to file another last-minute appeal, the Canadian Supreme Court is expected to extradite him to stand trial in this country, said Mr. Veerachart.

Currently, the BoT is cooperating with the Attorney-General Office on processes required on accepting Saxena to Thailand for trial, he said.

Of the total fraud of Bt20 billion he allegedly committed, it is expected that only some Bt10 billion could be returned to the state.

-- TNA 2009-06-24

[Oberkommando]

He should have gone to Taiwan, where Raluek Leekpai (Chuan's brother) fled to after embezzling millions from Thai banks.

Wait a few years until the statute of limitations expires and return to Thailand.

Helps if your brother is Prime Minister I guess.

[LomSak27]

88 Mill. compared to some 76 billion is peanuts!

after the collapse of BBC, which cost the government’s bailout more than 100 billion baht

Yes he should have fled to Taiwan, in the tried and tested method of Chuans brother. Ahh ole Strait Arrow Chuan and his embezzling brother. Good to hear he is back after the Statute of Limitations expired and wants to "run for office" to clear his name

[Bagwan]

His 76 year old mother looks after him? Sure? Can't afford a good looking blonde? What a load of old cods from start to finish.

[Plus]

Get yourself a Chuan thread if you wish, leave him, his brother, and his mother out of this, and comments about blondes and old cods - it's just asking for arguments.

[Bagwan]

Get yourself a Chuan thread if you wish, leave him, his brother, and his mother out of this, and comments about blondes and old cods - it's just asking for arguments.

I"ll settle for a reasoned discussion based on facts. My thoughts are that other posters would too.

If you think that he is a lily white innocent perhaps you might let the world know why Thai governments have been so unremitting in their efforts to return him to LOS to face the music?

[Plus]

Are you talking about Chuan or Rakesh?

All latest posts here are about Chuan, while the thread title is still about Rakesh. Do you think mods should change it so we can have a reasoned discussion based on facts about Chuan's brother?

[Thai at Heart]

Are you talking about Chuan or Rakesh?

All latest posts here are about Chuan, while the thread title is still about Rakesh. Do you think mods should change it so we can have a reasoned discussion based on facts about Chuan's brother?

Please do. In my ignorance, I hadn't ever heard the story about Chuan's brother.

I know wikepedia isn't always the most neutral, but if you read Saxena's entries it would appear that this guy has neither been a particularly successful trader or banker and seems to have never been able to set up an honest business in his life.

[Plus]

Please do

If you want the thread changed from Saxena to Chuan you can contact the mods yourself, you can also ask them to delete all Saxena related posts as being off topic, too.

>>>>>

What is happening with our members???

Please note that Obercommando who injected Chuan into this thread hasn't come back here in three days.

Edited June 27, 2009 by Plus

[Bagwan]

Are you talking about Chuan or Rakesh?

All latest posts here are about Chuan, while the thread title is still about Rakesh. Do you think mods should change it so we can have a reasoned discussion based on facts about Chuan's brother?

The latter. Sorry if I caused any confusion.

[sriracha john]

Sirisak Tiyaphan, Director-General of office of Attorney-General of foreign litigation, said that Thai authorities were currently in cooperation with the Canadian government to have Rakesh Saxena, who was charged with committing fraud while holding the post of consultant to the CEO of the now-defunct Bangkok Bank of Commerce, extradited back to Thailand.

A Canadian court earlier ruled that Rakesh must be tried under Thai jurisdiction, but Rakesh appealed the ruling.

The Supreme Court of Canada will consider his appeal on August 12.

If the Supreme Court finds that he must be tried in Thailand, Rakesh will have no legal means left to delay the trial and Thai authorities will have 45 days to arrange for his extradition.

Rakesh was charged with more than ten counts of fraud and the charges are set to expire in 2010.

If he is sent back to Thailand, Sirisak said the legal proceedings against him can start immediately.

-- Tan Network 2009-06-29

[Gary A]

I'd be a lot more interested in requiring the current crop of politicians to explain their recently acquired unusual wealth. In this day and age it's not that difficult to follow the money trail.

[sriracha john]

Canada’s tale of broken treaties

When it comes to extradition, wealthy fugitives live the high life in Canada while their high-priced lawyers dance around our legal system, which has limitless options for the accused.

We have fugitive banker Rakesh Saxena who has for over a decade stymied all efforts by Thailand to get him to answer charges of embezzling $88 million from the Bangkok Bank of Commerce. Come July 2010, the fraud charges against him in Thailand will become statute-barred and he could walk free.

We have fugitive Mexican labour leader Napoleon Gomez Urrutia, accused of embezzling $61 million from a union fund, who says he sought refuge in Canada on the advice of his lawyers. Proclaiming his innocence, he wants to fight his case in Canada at your expense.

The Philippines in particular has been harshly critical of Canada while we afford their fugitives protection - and in some cases a permanent escape from their courts.

We have Gloria and Faustino Chingkoe in Richmond, B.C. accused of allegedly defrauding The Philippines government of $75 million. Ironically, our judges have scolded The Philippines for having a tardy judicial system while allowing Rodolfo Pacificador to stay in Canada.

He is wanted in The Philippines for his alleged role in the assassination of a provincial governor. Earlier, we granted Ferdinand Marcos crony Dewey Go Dee, wanted for plunder, asylum in Canada. India is totally frustrated with Canada because it is unable to get its hands on a whole range of fugitives, including Subhash Agrawal of Ottawa, wanted in India as a suspect in the 2003 murder of his sister, Canadian Dr. Asha Goel; Harnek Singh Grewal, who leads a powerful Sikh sect, wanted for allegedly inciting a deadly riot; and Malkiat Kaur Sidhu and Surjit Singh Badesha of Maple Ridge, wanted for the alleged contract killing of Sidhu’s daughter.

Similarly, our deportation system is in shambles.

China has many of its most wanted seeking refugee status in Canada after they fled charges in their homeland. Leading the pack is Lai Changxing, an accused smuggling mastermind who has been fighting to stay in Canada for almost a decade. Others include several bankers accused in multi-million dollar embezzlement schemes.

Even when deportation orders are issued, those slated for return find ways to stay in Canada, like Mikhail Lennikov, a former Russian KGB agent who has sought sanctuary at Vancouver’s First Lutheran Church.

The list of fugitives who have made Canada their safe haven is long and large. It is an ugly reputation that is growing because our politicians, without exception, do not have the wherewithal to institute extradition/deportation protocols that lead to speedy and effective removal.

Canada has signed mutual legal assistance treaties and has extradition concords with dozens of countries around the world. When we want a fugitive returned to Canada, these agreements are enforced without delay by our partners. When our partners want their fugitives returned from Canada, these treaties are not worth the paper they are written on.

- The Province (Canada) / 2009-06-29