Sydney court postpones extradition hearing of former US military pilot

Legal Compliance News

Sydney court postpones extradition hearing of former US military pilot

A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.

Boston-born Dan Duggan, 55, was scheduled to fight his extradition to the United States at a Nov. 23 hearing in the downtown Downing Center Local Court.

But a magistrate decided to use that date to rule on what additional information that the Australian defense department and security agencies should provide defense lawyers.

U.S. lawyer Trent Glover told the court the United States was ready to proceed with the extradition, but had agreed with defense lawyers the hearing should take place after November.

Duggan’s lawyer, Dennis Miralis, told reporters outside court that the stakes were high for his client, who faces up to 65 years in prison if convicted.

“This is existential, which means that every right that Dan has under the Australian legal system on the basis that he’s presumed innocent ... needs to properly and carefully be considered,” Miralis said.

Duggan’s wife, Saffrine, has said she asked Australian Prime Minister Anthony Albanese to advocate against the extradition when he meets President Joe Biden in Washington this week.

But in a news conference on Sunday before departing for the United States, Albanese said Duggan, who became an Australian citizen in 2012, was not on the agenda of his meetings with U.S. officials.

“I don’t discuss things that are legal matters on the run, nor should I,” Albanese told reporters.

Duggan has been in custody since Oct. 21 last year when he was arrested near his home in Orange, New South Wales.

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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.