VZCZCXYZ0003
OO RUEHWEB

DE RUEHBK #1253/01 1420955
ZNR UUUUU ZZH
O 220955Z MAY 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7093
INFO RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE

UNCLAS BANGKOK 001253 
 
SIPDIS 
 
STATE FOR L/DL 
JUSTICE FOR OFL 
 
E.O. 12958:  N/A 
TAGS: KLIG TH
SUBJECT:  CRIMINAL COMPLAINT AGAINST DEA EMPLOYEES 
 
¶1. (SBU) Pursuant to reftel, this will advise that Embassy Bangkok 
has received notice of legal proceedings in Thailand naming as 
defendants the following three employees from the U.S. Drug 
Enforcement Administration:  Special Agent Derek S. Odney; Special 
Agent Scott Seeley-Hacker; and Special Agent Robert Zachariasiewicz. 
 Special Agents Odney and Seeley-Hacker are, and were at all 
relevant times, accredited to Post as A/T staff.  Special Agent 
Zachariasiewicz is assigned to the DEA's Special Operations Division 
in Washington, D.C., and is not, and has never been, accredited to 
Post. 
 
¶2. (SBU) The legal proceedings have been initiated by a criminal 
complaint filed by plaintiff Viktor Bout in Southern Bangkok 
Criminal Court, entitled Criminal Litigation Between Mr. Victor 
Analojevich Bout, Plaintiff, and Mr. Derek S. Odney, Defendant No. 
1; Mr. Robert Zachariasiewicz, Defendant No. 2; and Mr. Scott 
Hacker, Defendant No. 3, Case No. 1050/2552.  The Southern Bangkok 
Criminal Court is located at Rachini Road, Phra Nakorn, Bangkok. 
 
¶3. (SBU) Bout's complaint alleges that the three DEA employees 
violated various provisions of Thai law in connection with the 
investigation and arrest of Bout on terrorism charges in Bangkok in 
March 2008.  In particular, the complaint alleges that the DEA 
employees made false statements to the Thai authorities leading to 
his arrest; illegally installed recording devices in the hotel room 
where Bout was arrested; and forced Bout at gun point to surrender 
to the Thai authorities. 
 
¶4. (SBU) The Embassy received notice of the legal proceedings 
directly from the Southern Bangkok Criminal Court via express mail 
on May 20, 2009, in three envelopes individually addressed to the 
three DEA employees.  On May 19, the Embassy had also obtained a 
copy of the criminal complaint from a prosecutor from the Office of 
the Attorney General, who had been provided a copy by Bout's defense 
counsel during an extradition hearing that same day at the Thai 
Criminal Court. 
 
¶5. (SBU) The mailing received from the Southern Bangkok Criminal 
Court on May 20 included the following:  the criminal complaint and 
four attached exhibits; a notice of an optional "mediation session" 
scheduled to be held at the court's Dispute Mediation Center on June 
30, 2009 at 1:30 p.m.; a summons to appear either personally or 
through a legal representative at a Preliminary Hearing on July 13, 
2009 at 1:30 p.m.; and a List of Witnesses, which names Bout, his 
defense lawyer, an officer from the Royal Thai Police and a 
prosecutor from the Office of the Attorney General.  The mediation 
notice states that the parties are "required to notify the Court of 
[their] mediation intention" by contacting staff of the Dispute 
Mediation Center by telephone or mail.  These documents were in Thai 
and are in the process of being translated at Post. 
 
¶6. (SBU) Bout is currently in custody at Bangkok Remand Prison in 
Bangkok for purposes of extradition to the U.S. to face trial for 
conspiring to sell weapons to the FARC for use in killing Americans 
in Colombia.  The indictment pending against Bout in the U.S. 
District Court for the Southern District of New York charges him 
with four terrorism offenses:  conspiracy to kill U.S. nationals; 
conspiracy to kill U.S. officers or employees; conspiracy to acquire 
and use an anti-aircraft missile; and conspiracy to provide material 
support or resources to a designated foreign terrorist 
organization. 
 
¶7. (SBU) The Royal Thai Police initially arrested Bout at the 
Sofitel Hotel in Bangkok on March 6, 2008 on Thai terrorism charges. 
 On April 9, 2008, the Thai authorities dropped the Thai charges in 
favor of the U.S. prosecution and detained Bout on a provisional 
arrest warrant issued by the Thai Criminal Court in the extradition 
case.  The U.S. formally submitted its extradition request to the 
Thai authorities on May 6, 2008. 
 
¶8. (SBU) The DEA and Royal Thai Police closely coordinated Bout's 
investigation and arrest.  Any and all investigative activities 
performed by DEA agents in Thailand in this matter, including those 
of the three agents Bout has sued, were performed in concert with, 
and with the knowledge and approval of, the Royal Thai Police. 
¶9. (SBU) Thailand's Office of the Attorney General is prosecuting 
the extradition case against Bout on behalf of the United States. 
In October 2008, the Thai prosecutors completed their presentation 
of its extradition case, which included testimony from DEA Special 
Agent Zachariasiewicz, a Royal Thai Police officer, and officials 
from the Foreign and Interior Ministries.  Special Agent 
Zachariasiewicz's testimony, among other things, described the close 
cooperation between the DEA and Thai authorities in the 
investigation and arrest of Bout.  In over a dozen extradition 
hearings since that time, Bout's lawyers have sought to present 
evidence supporting his defense that the U.S. prosecution is 
politically motivated and that the extradition request violates the 
Extradition Treaty and Thai law. 
¶10. (SBU) At an extradition hearing on May 19, 2009, the Thai 
Criminal Court ordered closing statements in the extradition case 
against Bout to be filed no later than June 30, 2009, and announced 
that a verdict in the matter would be delivered on August 11, 2009. 
 
¶11. (SBU) Department of Justice Attach Christopher P. Sonderby has 
been involved in the Bout investigation and extradition since its 
inception and is knowledgeable about the facts relating to the 
attempted service of the criminal complaint and the facts of the 
case.  Mr. Sonderby's contact information is as follows: 
 
 Christopher P. Sonderby 
 DOJ Attach, US Embassy Bangkok 
 +662-205-4678 (o) 
 +6689-969-5928 (m) 
 +662-254-2839 (f) 
 sonderbycp@state.gov 
¶12. (SBU) Post will not take any action regarding these legal 
proceedings unless and until it receives instructions to do so. 
JOHN