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Federal judge schedules hearing for Wednesday

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 by Sabrina Salas Matanane

Guam - A hearing has officially been set in federal court for a man described as one of the world's most prolific traffickers of stolen information. District Court of Guam Chief Judge Frances Tydingco Gatewood has scheduled a hearing for Wednesday morning for accused Russian hacker Roman Seleznev.

The purpose of the hearing is to entertain a motion filed by Seleznev's local attorney Patrick Civille to have his client released from the Guam Department of Corrections. Civille argues no court in the US has jurisdiction to entertain Seleznev's case because his arrest by US Secret Service agents in the Maldives violated international law. He not only accused the US Government of kidnapping Seleznev but argues he should be released based on  "outrageous governmental misconduct".  Civille asserts US law enforcement agents have no power to execute an arrest warrant outside the United States absent express statutory authority.   In court filings just today US Assistant Attorney Maravic David submitted documents related to authority the Federal Bureau of Investigation has to override international law in extraterritorial law enforcement activities.  In her brief it states at the direction of the president or the attorney general, the FBI may use its statutory authority to investigate and arrest individuals for violating United States law, even if the FBI's actions contravene customary international law.   As we reported  Seleznev was picked up by federal agents in the Maldives in early July and flown to Guam. According to press releases from the US Government he was arrested in Guam on July 6th.   Seleznev is wanted in the state of Washington where he was indicted on federal charges in March 2011 for multiple counts of bank fraud, intentional damage to a protected computer, and aggravated identity theft to name a few.  Between October 2009 and 2011 he's accused of engaging in a computer hacking scheme within Washington State and elsewhere.  Seleznev is accused of hacking into computer servers worldwide to facilitate his illegal operation which involved stolen credit card data.

On Wednesday the chief judge will hold a hearing on the motion for release. But in her order today she advised the parties to be prepared for a removal hearing if in the event the motion for discharge and release is denied. Meanwhile, Judge Gatewood also today approved amended motions for high profile off island attorneys Ely Goldin and Robert Ray to represent Seleznev in Guam's  federal court. Goldin is the regional practice liaison for Russia in the firm's international practice group. He's tried hundreds of civil and criminal cases involving millions of dollars before judges and juries in multiple jurisdictions, as for Attorney Robert Ray, he is described as a prominent litigator and former federal prosecutor and independent counsel for the whitewater investigation and Monica Lewinsky investigation.

Wednesday's hearing is scheduled for nine o'clock in the morning.
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