MEMORANDUM OF POINTS AND AUTHORITIES
The government files this supplemental briefing to furtherbrief the Court with respect to the pending extradition requestand certain defense arguments in advance of the scheduled hearingon defendants’ Motion to Dismiss on November 29, 2012.Specifically, this filing will (1) update the Court on the statusof the government’s extradition request; (2) provide additionalbriefing relating to charging a foreign official with a moneylaundering offense with the FCPA as one of the specified unlawfulactivities; and (3) inform the Court of two recent cases relatingto defendants’ jurisdictional arguments. A.Status of Extradition RequestOn November 14
, the undersigned received, via the UnitedStates Department of State, a letter from Mr. Thavorn Panichpant, Acting Attorney General of Thailand, dated November 9, 2012,stating, in part:“Currently, we are in the process of gathering furtherevidences before completing the investigation in order tobring both offenders to court to be formally charged.
Hence, we must postpone the extradition process of both persons as requested by the U.S. Government...
”(emphasis added). The above letter and translation intoEnglish
, is attached hereto as Exhibit A.It is the government’s position that the above response doesnot constitute a denial of the government’s extradition requestor an assertion of sole jurisdiction over this matter. Attachedas Exhibit B is a letter from the Department of State confirming
The English translation was completed by a United StatesEmbassy employee in Thailand.-1-
Case 2:09-cr-00081-GW Document 96 Filed 11/15/12 Page 3 of 16 Page ID #:1219