WINDHOEK, Namibia: Jacob Alexander, the former chief executive of Comverse Technology, who faces charges in the United States of options fraud and is regarded as a fugitive, has taken his latest step to fight extradition from Namibia to New York.
In a 94-page application filed Friday that will be part of a hearing on Monday, Alexander is asking the Namibian High Court to declare as unconstitutional the appointment of Petrus Unengu, the chief of Namibia's lower courts, as presiding officer at his extradition hearing.
In his affidavit, he argued that Unengu's appointment violated Namibian legal principles of the separation of powers because Unengu is an administrative official. Alexander wants the Ministry of Justice to reinstate Magistrate Uuatja Uuanivi, who originally granted Alexander bail of $1.4 million last October.
If the move is successful, Unengu will be the second magistrate Alexander has forced to step down from the case, which has been postponed nine times since his arrest last September at his home outside Windhoek.
A deputy prosecutor, Johnny Truter, acknowledged that if Alexander's application was successful, it could mean that all rulings made by Unengu since taking his current position in 2005 would have to be set aside. "It would be a disaster," he said. "We have a backlog of hundreds of cases."
Alexander, 55, known as Kobi, faces charges in U.S. District Court in Brooklyn, including conspiracy, securities fraud and money laundering, in connection with the backdating of Comverse stock options.
Alexander was declared a fugitive by the United States last year when he failed to return from a family holiday in Israel to face questions from prosecutors investigating the options matter.
He was indicted in September on 35 counts of securities fraud, wire fraud and tax evasion, and an Interpol warrant was issued for his arrest after it became apparent that he would not return.
He fled with his family to Windhoek, where he bought a $450,000 home at a golf resort and enrolled his children in a local school.
In his extradition fight, Alexander has taken advantage of an understaffed Namibian legal system, lawyers close to the case said, and he may be able to stave off extradition for years until his appeals have been exhausted.
Last December, Alexander won control over his local bank accounts, which had been frozen on orders from the central bank of Namibia.
Since Alexander's arrival, he has invested in three low-cost housing projects with politically connected partners. Last week, he succeeded in having his bail conditions relaxed to allow him to travel outside of Windhoek to visit the building projects. Judge Elton Hoff ruled that Alexander should be allowed to leave the magisterial district of Windhoek as long as he gives 24 hours' notice to an Interpol representative.
But Alexander may still face trouble on a separate front. The Namibian Ministry of Home Affairs said in a filing in the bail matter that it was investigating his original application for a two-year work visa, which was granted soon after he entered the country.
The ministry's secretary, Samuel Goagoseb, said in an affidavit that Alexander's application might have included "some misrepresentation" for failing to mention the 10 years he had lived in New York.
Original article posted here.
In a 94-page application filed Friday that will be part of a hearing on Monday, Alexander is asking the Namibian High Court to declare as unconstitutional the appointment of Petrus Unengu, the chief of Namibia's lower courts, as presiding officer at his extradition hearing.
In his affidavit, he argued that Unengu's appointment violated Namibian legal principles of the separation of powers because Unengu is an administrative official. Alexander wants the Ministry of Justice to reinstate Magistrate Uuatja Uuanivi, who originally granted Alexander bail of $1.4 million last October.
If the move is successful, Unengu will be the second magistrate Alexander has forced to step down from the case, which has been postponed nine times since his arrest last September at his home outside Windhoek.
A deputy prosecutor, Johnny Truter, acknowledged that if Alexander's application was successful, it could mean that all rulings made by Unengu since taking his current position in 2005 would have to be set aside. "It would be a disaster," he said. "We have a backlog of hundreds of cases."
Alexander, 55, known as Kobi, faces charges in U.S. District Court in Brooklyn, including conspiracy, securities fraud and money laundering, in connection with the backdating of Comverse stock options.
Alexander was declared a fugitive by the United States last year when he failed to return from a family holiday in Israel to face questions from prosecutors investigating the options matter.
He was indicted in September on 35 counts of securities fraud, wire fraud and tax evasion, and an Interpol warrant was issued for his arrest after it became apparent that he would not return.
He fled with his family to Windhoek, where he bought a $450,000 home at a golf resort and enrolled his children in a local school.
In his extradition fight, Alexander has taken advantage of an understaffed Namibian legal system, lawyers close to the case said, and he may be able to stave off extradition for years until his appeals have been exhausted.
Last December, Alexander won control over his local bank accounts, which had been frozen on orders from the central bank of Namibia.
Since Alexander's arrival, he has invested in three low-cost housing projects with politically connected partners. Last week, he succeeded in having his bail conditions relaxed to allow him to travel outside of Windhoek to visit the building projects. Judge Elton Hoff ruled that Alexander should be allowed to leave the magisterial district of Windhoek as long as he gives 24 hours' notice to an Interpol representative.
But Alexander may still face trouble on a separate front. The Namibian Ministry of Home Affairs said in a filing in the bail matter that it was investigating his original application for a two-year work visa, which was granted soon after he entered the country.
The ministry's secretary, Samuel Goagoseb, said in an affidavit that Alexander's application might have included "some misrepresentation" for failing to mention the 10 years he had lived in New York.
Original article posted here.
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