VZCZCXYZ0000
OO RUEHWEB

DE RUEHBK #1367 1560854
ZNR UUUUU ZZH
O 050854Z JUN 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7215
INFO RUEABND/DEA HQS WASHINGTON DC IMMEDIATE
RUEAWJL/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE

UNCLAS BANGKOK 001367 
 
SENSITIVE 
SIPDIS 
 
STATE FOR L/DL AND EAP 
DOJ FOR OFL 
 
E.O. 12958: N/A 
TAGS: KLIG PREL KJUS TH
SUBJECT: VIKTOR BOUT CASE: URGENT REQUEST TO RETAIN LOCAL 
COUNSEL TO RESPOND TO ACTION AGAINST DEA AGENTS 
 
REF: A. BANGKOK 1317 (RESPONSE TO CRIMINAL COMPLAINT) 
     ¶B. BANGKOK 1253 (CRIMINAL COMPLAINT VS. DEA) 
     ¶C. STATE 1087 (PROCEDURES FOR HANDLING LAWSUITS ETC.) 
 
¶1. (U) ACTION REQUESTED - see para 4. 
 
¶2. (SBU) In an effort to delay his extradition to the United 
States, international arms trafficker Viktor Bout has filed a 
criminal complaint in Bangkok against three U.S. Drug 
Enforcement Administration agents (ref B).  Bout's meritless 
complaint is based on actions taken by the DEA agents within 
the scope of their employment.  Refs  A and B requested that 
the Department of Justice provide legal representation for 
the three employees; recommended highly qualified local 
counsel for this purpose; and sought general guidance from 
the Office of the Legal Advisor and the DOJ's Office of 
Foreign Litigation in responding to this litigation.  The DEA 
and its employees have already submitted, or are in the 
process of completing, the forms and acknowledgments to 
permit DOJ representation in this matter. 
 
¶3. (SBU) On June 5, the Charge d'Affaires, a.i. convened a 
State-DEA-DOJ meeting in Bangkok.  Participants concluded 
unanimously that it was critical for post to immediately 
retain local counsel to respond to Bout's complaint in a 
manner that protects our personnel and advances U.S. 
interests.  Time is of the essence in responding 
appropriately and effectively to this litigation.  A 
mediation session has been scheduled at the Southern Bangkok 
Criminal Court on June 30, 2009, and a Preliminary Hearing is 
set for July 13, 2009. 
 
¶4. (SBU) We believe guidance in ref C currently prohibits our 
retaining legal counsel without authorization; we urge that 
the Department immediately grant authority for us to retain 
local counsel.  Post would also welcome front-channel 
guidance from L or DOJ as to how to respond to this criminal 
litigation.  To permit full consideration of available 
options under Thai law, and to avoid any prejudicial delay, 
post requests that L and DOJ authorize the retention of local 
counsel no later than Monday, June 8, 2009. 
 
¶5. (U) Post stands ready to work closely with L and DOJ in 
the interviewing and retention of local counsel.  Post's POC 
on this matter remains DOJ Attache Christopher P. Sonderby, 
who can be reached as follows: 
Office:  662-205-4678 
Cell:  6689-969-5928 
Fax:  662-254-2839 
Email: sonderbycp@state.gov 
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