Sofia City Prosecutor's Office carried out an extradition procedure at the request of the United States

Sofia City Prosecutor's Office carried out an extradition procedure at the request of the United States

Today, 22.03.2023, the Prosecutor's Office of the Republic of Bulgaria received a letter from the US Department of Justice expressing gratitude for the fruitful cooperation with the Bulgarian Prosecutor's Office. The Prosecutor's Office was also informed that the Bulgarian citizen I.D. arrived in the United States in connection with an extradition procedure carried out by the Supreme Cassation Prosecutor’s Office and the Sofia City Prosecutor’s Office.

On 24.03.2021, Supreme Cassation Prosecutor’s Office opened a file regarding a request for extradition of the Bulgarian citizen I.D issued by the judicial authorities of the USA and received through diplomatic channels. Attached to the file there is a copy of a diplomatic note from the US Embassy in Sofia and supporting documents, according to Art. 8 to 10 of the Extradition Treaty between the Government of the Republic of Bulgaria and the Government of the United States of America (effective May 21, 2009).

Attached is a summary of the facts of the case, which is being conducted in the USA, the procedural history of the proceedings, as well as the charges against the Bulgarian citizen I.D., who is wanted for the purpose of criminal prosecution for "conspiracy to commit fraud by electronic means" and for "money laundering conspiracy" - crimes under Chapter 18 of the United States Code. The charges on which the extradition is requested are under Art. 3, item 8 and item 9 of the Extradition Treaty between the Government of the Republic of Bulgaria and the Government of the United States. Attached to the request is an arrest warrant issued on 24 September 2020 by a judge in the US District Court for the Southern District of New York.

On 8 June 2021, the International Department at the Supreme Cassation Prosecutor’s Office received a letter from the Ministry of the Interior-International Operational Cooperation Directorate with documents on the detention of I.D., searched by a red notice of 31 May 2021 at the request of the US judicial authorities. On 08 June 2021, the Bulgarian citizen was detained for duration of 24 hours pursuant to Art. 72, para. 1, item 6 of the Ministry of Interior Act.

On the basis of the stated factual situation, the prosecutor from the Supreme Cassation Prosecutor’s Office issued a decree for the detention of I.D. for the duration of up to 72 hours, with the file being sent to the Sofia City Prosecutor’s Office for carrying out a procedure in accordance with art. 14, para. 4 items 1-4 of the Extradition and European Arrest Warrant Act.

On 10 June 2021, the SCPO submitted to Sofia City Court a request to impose a remand measure "detention in custody" against I.D. On 11 June 2021, the court ordered the detention of I.D.

On 15.06.2021, the SCPO submitted to Sofia City Court the request for extradition of I.D. to be considered on the merits. On 01.12.2021, Sofia City Court granted the extradition of I.D. on the request by the United States to be surrendered for criminal prosecution in case of the  US District Court, the Southern District of New York, under an indictment dated 24 September 2020 accusing her of conspiracy for committing fraud by digital means and conspiracy aimed at money laundering. The charges against I.D. are that in the period from 2014 to 2019 in the Southern District of New York and elsewhere, together with other persons, willfully and knowingly gathered and devised a scheme to defraud for obtaining money and property under false and fraudulent pretext by sending various electronic, radio and TV communications for the sale of a cryptocurrency known as "OneCoin", making false statements with the purpose to recruit people worldwide to invest in OneCoin. The second charge is about money laundering by transacting property that the individuals knew that it was the subject of illegal fraudulent activity in order to hide the property acquired through that activity.

The described activity of I.D. can be qualified as a crime under Art. 321, para 3 in conjunction with para 2 of Bulgarian Criminal Code, participation in an organized criminal group, created for the purpose of committing fraud and money laundering, as well as an association for the purpose of money laundering acquired from criminal activity.

The decision of Sofia City Court was appealed by the defense lawyer of I.D. before Sofia Court of Appeals, which on 02.02.2023 upheld the decision of the Sofia City Court for the surrender of the Bulgarian citizen to the judicial authorities of the USA.

Following the final judgment, the Bulgarian and American authorities agreed on the surrender of I. D. on 20 March 2023.

At 02.50 a.m. on 20 March 2023, officers of the General Directorate of Security at the Ministry of Justice surrended  I.D. to authorised officers of the competent US authorities. The transfer took place at the Sofia Airport checkpoint.

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