American fights extradition for Phuket ‘kidnapping’

[Lite Beer]

American fights extradition for Phuket ‘kidnapping’

FLORIDA: An American man is fighting extradition to Thailand on kidnapping and extortion charges brought by another American said to have strong ties to senior Thai officials.

Shawn Abraham Shaw, 43, has denied the charges, saying the alleged victim laid a complaint with Thai authorities after the pair had a falling-out in Phuket over a business deal.

The alleged victim, a millionaire businessman from Las Vegas identified in court papers only by the initials AMA, is said to have high-level connections in Thailand.

Shaw has been in custody in Palm Beach, Florida since his arrest in on Noveember 26. He has applied for bail but legal sources say he is unlikely to be granted it, given the seriousness of the charges.

The extradition hearing in the case is scheduled to open on March 3.

Shaw’s girlfriend Dawn Pasqualucci, 45, added a new twist to the tangled tale at his bond hearing last week. She told the court that the complainant brought the charges against Shaw because he feared the latter would expose him as a paedophile after seeing images of “little boys” on his computer.

“To say that this is a strange case is an understatement,” US Magistrate Judge William Matthewman said, according to an account of the proceedings published in the Palm Beach Sun Sentinel.

“I think all of this would certainly make for an interesting trial – in Thailand,” the judge added.

The saga began in Las Vegas, where Shaw and his accuser became acquainted while working out at the same fitness centre. Mr Shaw subsequently came up with an idea to recover millions in uncashed gambling chips, and travelled to Thailand to see if AMA would be interested.

Mr Shaw and his girlfriend stayed in AMA’s Phuket mansion and left on good terms in mid-December 2013, an earlier court hearing was told. It was only after negotiations for the business venture fell through that AMA concocted the kidnapping tale and got Thai officials to file charges, Shaw’s lawyers maintain.

Pasqualucci testified last week that after the couple returned from their trip to Phuket, private investigators followed her around New York. She said the couple moved to Palm Beach after a New York police lieutenant and one of the private investigators led her to believe the private eyes worked for the alleged victim.

Investigators in Thailand say the victim filed a complaint stating that he and Shaw had gone to a bar together in Phuket. He began to feel “very strange” after drinking a couple of Diet Cokes.

A bartender told authorities there that he knew the victim, noticed he was acting oddly and that Shaw either helped or carried him from the establishment.

The victim, who did not report the incident until several weeks after Shaw returned to the US, told police that Shaw put him in a car and drove him past his Phuket mansion to a building where he was held overnight and negotiated a US$3-million (B90 million) ransom, later reduced to $2 million (B60 million), to be paid when Shaw returned to the US.

Shaw’s defence lawyer, Jason Kreiss, raised many questions about the allegations and questioned why the victim delayed reporting the crime.

But Assistant US Attorney Stephanie Evans, handling the extradition case for the State Department, told the judge the victim was terrified. She said he feared for his family after Shaw later showed up at his mother’s home in Italy.

Evans told the judge that the case against Shaw – and his allegations about the victim – must be proved or disproved at a criminal trial in Thailand.

-- Phuket News 2015-02-01

[HeijoshinCool]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

Edited February 1, 2015 by HeijoshinCool

[gk10002000]

This whole thing sounds so fishy. I mean look how it started. The two men were scheming about some gambling chip racket.

[NeverSure]

I just sent an email to the attorney in Florida. I gave him a couple of ideas. I can't mention them here but sometimes all it takes is an idea.

[metisdead]

Off topic post has been removed as well as posts in violation of the following forum rules:

2) You will not use ThaiVisa.com to post any material which is knowingly or can be reasonably construed as false, inaccurate, invasive of a person's privacy, or otherwise in violation of any law.

You also agree not to post negative comments criticizing the legal proceedings or judgments of any Thai court of law.

11) You will not post slurs, degrading or overly negative comments directed towards Thailand, specific locations, Thai institutions such as the judicial or law enforcement system, Thai culture, Thai people or any other group on the basis of race, nationality, religion, gender or sexual orientation.

[kleelof]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

You might consider the possibility that a country would sign a treaty like this, not because they actually believe the other's justice system is 'just', but because doing so makes it easier to get a hold of people trying to escape THEIR justice.

[RKASA]

The old chips scam proposed by the Guyana immigrant that changed his name then turned lawyer and US citizen, but has no job now and for some time. It does sound sorted - some evidence other then he said she said will be required. On the other side a millionaire that hangs in Phuket and likes ladyboys (maybe) well what are the odds of that anyway.

And so are the days of our lives - like sand though the hour glass.

[klauskunkel]

The victim, who did not report the incident until several weeks after Shaw returned to the US, told police that Shaw put him in a car and drove him past his Phuket mansion to a building where he was held overnight and negotiated a US$3-million (B90 million) ransom, later reduced to $2 million (B60 million), to be paid when Shaw returned to the US.

I'm new to kidnapping, so maybe I don't understand the business model or the logistics involved..., but logic I still understand, even if years of marriage and living in Thailand have taken their toll there as well.

I kidnap a guy, hold him over night and let him go, because he promised me to pay the 2 mio ransom after I have returned to the states. Ok. So, I call my victim from the States and say: "Remember me? I am your kidnapper from couple of days ago. You promised me to pay up when I am back in the US. Well, now don't make me come back there and call you a liar-man..."

Is there something in the water or air that makes a brain churn out the most convoluted and illogical statements time and again, be it officials, politicians, military, business people?

Edited February 1, 2015 by klauskunkel

[Suradit69]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

"For any government to turn over her citizens to a world-renowned corrupt government,"

Are you speaking of the world-renowned corrupt government in Florida or the US more generally?

Study ranks Florida No. 1 in government corruption

By William March | Tribune Staff

Updated: March 18, 2013 at 04:12 PM

TAMPA -

An upcoming study by the new Integrity Florida watchdog group says Florida leads the nation in government corruption.

The study will be the second major production of Integrity Florida, a public interest watchdog group in Tallahassee.

The study, to be released in about a week, will show that Florida had 781 federal corruption convictions from 2000 to 2010, the most of any state, executive director Dan Krassner told the Tampa Tribune editorial board.

In five of the last 12 years, the study shows, Florida led all states in at least one category: It had the most criminal convictions among people in government.

http://tbo.com/ap/politics/study-ranks-florida-no--in-government-corruption-409916

[Nemesis7]

Guess money can do a lot of things almost every where on the globe.

[CapeThai]

The victim, who did not report the incident until several weeks after Shaw returned to the US, told police that Shaw put him in a car and drove him past his Phuket mansion to a building where he was held overnight and negotiated a US$3-million (B90 million) ransom, later reduced to $2 million (B60 million), to be paid when Shaw returned to the US.

I'm new to kidnapping, so maybe I don't understand the business model or the logistics involved..., but logic I still understand, even if years of marriage and living in Thailand have taken their toll there as well.

I kidnap a guy, hold him over night and let him go, because he promised me to pay the 2 mio ransom after I have returned to the states. Ok. So, I call my victim from the States and say: "Remember me? I am your kidnapper from couple of days ago. You promised me to pay up when I am back in the US. Well, now don't make me come back there and call you a liar-man..."

Is there something in the water or air that makes a brain churn out the most convoluted and illogical statements time and again, be it officials, politicians, military, business people?

Agreed, something definitely is not right here....

I think this guy is being set up as he maybe know to much about the millionaire which can damage his reputation

[cgphuket]

Rich criminals in Phuket???? Shocked!!

[VintageTQ]

sounds like it would make a great movie

[rickirs]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

Shaw might argue that the Thai judicial system has been corrupted by the military coup that now has absolute power over the judicial branch. He might argue that Thailan's Justice System is not capable of unbiased fact finding, especially for an American. He can point to Gen. Prayuth's denegrating remarks towards the US in recent visit by a State Department Assistant Secretary that as an American, he won't get a fair trial. The Junta will take revenge on Shaw. Remember that Thailand does not have a jury system; judges make the sole determination of innocence or guilt. And the Thai judges fall under the Junta's judicial approval. I can see the judge refusing extradiction.

[Dogmatix]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

Daniel Russel, US Asst Secretary of State, judging from his recent public comments, appears to have little or no faith in the justice legal proceedings that took place in the Thai NLA vis a vis the impeachment of Yingluck, nor in the criminal case against her that has just been filed in the Supreme Court for Political Office Holders. The US government doubts the fairness of Thailand's highest national courts but Ms Evans has total faith in the fairness of lower provincial courts, such as she wishes to hand over a US citizen to them.

Edited February 1, 2015 by Dogmatix

[Trouble]

So who is AMA? Why the initials in the Thai court? One would think that this will come out in the extradition hearing? Shaw's girl friend already has spoken of him being a pedophile. Inquiring minds want to know.

Thailand is one big soap opera.

[HeijoshinCool]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

You might consider the possibility that a country would sign a treaty like this, not because they actually believe the other's justice system is 'just', but because doing so makes it easier to get a hold of people trying to escape THEIR justice.

.

I was involved in not just a few extradition pickups. So yes, I did consider that point.

So what you are saying is, the United States is willing to sacrifice one of their own, to get back someone else.

Frightening. It could be me, or you, next time.

The burden of proof required in most extradition treaties is probable cause. That's a very light burden. What if your wealthy ex business partner is pissed you boffed his wife, and, after you return to the States, pays the Thai police to seek a prosecutor's filing charges? Says you kidnapped him. Easy to do in Thailand.

And I have a serious problem with the US being involved in Thailand's violating your 6th amendment rights.

Better to have no treaty, than a bad one.

EDIT: Spillchicken

Edited February 1, 2015 by HeijoshinCool

[NeverSure]

Study ranks Florida No. 1 in government corruption

By William March | Tribune Staff
Updated: March 18, 2013 at 04:12 PM

TAMPA -

An upcoming study by the new Integrity Florida watchdog group says Florida leads the nation in government corruption.

The study will be the second major production of Integrity Florida, a public interest watchdog group in Tallahassee.

The study, to be released in about a week, will show that Florida had 781 federal corruption convictions from 2000 to 2010, the most of any state, executive director Dan Krassner told the Tampa Tribune editorial board.

In five of the last 12 years, the study shows, Florida led all states in at least one category: It had the most criminal convictions among people in government.

The difference that you must be missing is that if people are caught they are truly pursued, prosecuted and jailed. No one has "connections" that can get him off.

[halloween]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Shaw might argue that the Thai judicial system has been corrupted by the military coup that now has absolute power over the judicial branch. He might argue that Thailan's Justice System is not capable of unbiased fact finding, especially for an American. He can point to Gen. Prayuth's denegrating remarks towards the US in recent visit by a State Department Assistant Secretary that as an American, he won't get a fair trial. The Junta will take revenge on Shaw. Remember that Thailand does not have a jury system; judges make the sole determination of innocence or guilt. And the Thai judges fall under the Junta's judicial approval. I can see the judge refusing extradiction.

"I can see the judge refusing extradiction."

Only he if he appreciates unsubstantiated BS in a big way.

[NeverSure]

If I were the defendant's attorney I would make two arguments and hope to prevail on at least one.

The first would be standing. How can an ******** junta have standing to enforce a treaty?

The second would be probable cause. I disagree that probable cause is a low standard in this case. Probable cause, in laymen's terms, is evidence that can be articulated to a judge in a convincing way - convincing enough that the judge must under the law act. I don't think that rumors and accusations from someone who might have other motives meet the standard of evidence for probable cause. Lacking any other evidence, this is "he said, she said."

It will be interesting to see what happens.

[halloween]

If I were the defendant's attorney I would make two arguments and hope to prevail on at least one.

The first would be standing. How can an ******** junta have standing to enforce a treaty?

The second would be probable cause. I disagree that probable cause is a low standard in this case. Probable cause, in laymen's terms, is evidence that can be articulated to a judge in a convincing way - convincing enough that the judge must under the law act. I don't think that rumors and accusations from someone who might have other motives meet the standard of evidence for probable cause. Lacking any other evidence, this is "he said, she said."

It will be interesting to see what happens.

Your first is BS based on personal bias.

However your second has some merit. It should be easy to prove that Mr Shaw did not travel to Italy/Europe as claimed. Proving one accusation false should place doubt on the others.

[HeijoshinCool]

Probable cause is only just above reasonable suspicion. It is a very low burden, and what is used to get a judge to sign a warrant. Judges sign most warrants with a flourish while eating a Danish.

Witness statements alone, true or not (TBD in court at trial after extradition), can easily meet probable cause requirements.

But if this case is high-profile, that might affect the decision. Wait and see.

[Daniel Boon]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

As pathetic as the USA whisking anyone (American or no) to Guantanamo or any torture venue anywhere around the world, where they have no rights?

Familiar with 'reap what you sow' ... 'cause and effect' ... 'for every action there is a reaction'?

As an aside; as older Australian, I find it somewhat ironic that the Japanese are offended that their nationals are beheaded, yet this was their ideal methodology to quell any thought of protest ...

and while on the soap-box; the first concentration camps in the 'civilized world' were run by the British on the Boers; and the Native Indigenous Americans only started scalping people after being paid a bounty by the British ...

when I was (much) younger, I marveled at the American people in so many ways (aside from the Vietnam War or segregation) ... &lt;deleted&gt; happened to these free thinking world leaders?

[smotherb]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

As you said, Thailand and the US have an extradition treaty--are you suggesting the US renege on the treaty?

[DaiHard]

"And while on the soap-box; the first concentration camps in the 'civilized world' were run by the British on the Boers; and the Native Indigenous Americans only started scalping people after being paid a bounty by the British " .

Actually concentration camps were first used by the SPANISH in Cuba and scalping was first used by FRENCH trappers.

[Berkshire]

Lessons learned: Don't talk to strange farang dudes I meet at the fitness center.

[rogerdee123]

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

"For any government to turn over her citizens to a world-renowned corrupt government,"

Are you speaking of the world-renowned corrupt government in Florida or the US more generally?

Study ranks Florida No. 1 in government corruption

By William March | Tribune Staff

Updated: March 18, 2013 at 04:12 PM

TAMPA -

An upcoming study by the new Integrity Florida watchdog group says Florida leads the nation in government corruption.

The study will be the second major production of Integrity Florida, a public interest watchdog group in Tallahassee.

The study, to be released in about a week, will show that Florida had 781 federal corruption convictions from 2000 to 2010, the most of any state, executive director Dan Krassner told the Tampa Tribune editorial board.

In five of the last 12 years, the study shows, Florida led all states in at least one category: It had the most criminal convictions among people in government.

http://tbo.com/ap/politics/study-ranks-florida-no--in-government-corruption-409916

And the former Governor of Florida is about to run for US President

[rogerdee123]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Extradition is almost always granted in cases like this. The U.S. and Thailand have a treaty, which basically reflects each country's belief that the other's legal system is fair and just enough to judge their citizen.

But how The United States of America could possibly consider Thailand's "Justice System" to be capable of true fact finding, is beyond me, or anyone with even a modicum of insight into Thailand's corruption and its easily paid-off officials.

For this pathetic U.S. Attorney, Stephanie Evans, to seek to turn over an American citizen, is appalling and frightening. For any government to turn over her citizens to a world-renowned corrupt government, one in the middle of martial law under a junta, is betrayal. It's akin to reverse treason.

Shaw might argue that the Thai judicial system has been corrupted by the military coup that now has absolute power over the judicial branch. He might argue that Thailan's Justice System is not capable of unbiased fact finding, especially for an American. He can point to Gen. Prayuth's denegrating remarks towards the US in recent visit by a State Department Assistant Secretary that as an American, he won't get a fair trial. The Junta will take revenge on Shaw. Remember that Thailand does not have a jury system; judges make the sole determination of innocence or guilt. And the Thai judges fall under the Junta's judicial approval. I can see the judge refusing extradiction.

Well both of these clowns .. oops I mean "parties", the accused and the accuser, are American citizens if I'm not mistaken. So which one will the junta take his revenge upon?

I think Thailand should simply send the accuser to the US and let it be tried in the US courts.

[gk10002000]

"In a sworn statement to Thai police, Mr Accornero said Mr Shaw held him captive overnight in a house on Phuket and they negotiated a US$3-million ransom — though he said he talked his captor down to US$2 million. The money was to be paid when Mr Shaw returned to the US, he said. Mr Kreiss told the judge it was absurd to believe that Mr Accornero was able to negotiate “an IOU on a kidnapping” while captive and supposedly under Mr Shaw’s complete control. - See more at: http://www.thephuketnews.com/phuket-kidnapping-accusation-absurd-us-extradition-hearing-told-51640.php#sthash.l8ItJZLe.ufknFEZ1.dpuf"

Really. The alleged criminal flies back to the USA and then is supposed to send millions back to Thailand? This is so absurd. While the USA has an obligation to honor extradition treaty requests, the requests must be reviewed. I see absolutely zero evidence. All that is fact is that the guy alleges he was kidnapped and held for ransom.

[BSJ]

Strange way to manage a kidnapping?