Inadmissible?

[txladykat 1]

Thanks CC for all your advice! I am calming a little bit just by all the responses. I figured it would be something we have to fight at the Court level as long as we can at least get him back in the country. He is being returned to Denmark on October 12th. If we agree to the plea deal, he will be in front of a Judge within 24 hours. The plea deal should give him credit for time in US custody, worst case scenario, he has to spend a month in jail there. The next hurdle is to get the Interpol Red Notice removed so he can travel - yikes!

The red notice is how we found out about all this in the first place. I was doing some genealogy research and when I put his name in Google, there it was! The info matched his name, DOB and birthplace, so we ourselves contacted the FBI to find out what was going on, and that started the extradition process. Long story short, he was a chairman of a nonprofit back in 2005. He was responsible for paying bills and making purchases for the nonprofit then turning the receipts over to the accounting manager - which he did. Now, five years later, an audit of the nonprofit revealed there were no receipts for the purchases and payments made by my husband when he was Chairman. They issued a warrant for his arrest in 2010, a year after he arrived in the US on his visa. Through the extradition process we were able to discover that the former accounting manager is now in a nursing home with dementia. The fact that she "misplaced" the receipts (or according to her statement she "doesn't recall receiving them") is likely due to the dementia being present at the time, but there is no proof of that, unfortunately. Thus, the onus is on him to prove the expenses were legitimate since he wrote the checks. Its just totally crazy! Since the receipts cannot be located, his attorney doesn't feel he can get an acquittal.

What a nightmare!

[CC90 90]

Sounds like a complete nightmere, but please don't take what I said as any more than a simple opinion. Pleaing guilty to a typical CIMT/aggravated felony is not a good idea, and I would make d*mn sure that you have a lawyer you trust say that he/she can fight here it and have a good chance.

Please let us know how it goes.

Edited October 1, 2011 by CC90

[txladykat 1]

Hi guys, I haven't been online for awhile so I thought I would update you. Thing went well in Court. He was given 8 months with credit for time served in the US - thus immediately released. The Judge fouind (and wrote into her verdict) that he was pleading guilty to the charge but that there was no finding of intent to defraud - and in fact wrote that the funds were spent on association expenses - albeit without proper authorization - so in a nutshell she found him guilty of the charge but clarified it by saying what he did was to merely pay association expenses without proper authorization.

We have just completed the biometrics and on to the next step....awaiting that dreaded RFE. We have already had the Danish court papers translated and are ready to go when/if that letter arrives.

Edited March 11, 2012 by txladykat

[Boiler 45,940]

What was the maximum sentence he could have been given?

[Laure&Colin 558]

So it means he made it back into the US without any problem?

[txladykat 1]

8 years, so petty offense is not an option. Yes, I am happy to say we returned with no problems whatsoever.