EU Court of Justice on Oct 24 could clear the way for Austria's Supreme Court to extradite Firtash to U.S.

KYIV. Oct 23 (Interfax-Ukraine) – The European Union's Court of Justice in Luxembourg on October 24, 2018 plans to deliver its decision on a filing dated May 4, 2017. The Austrian Supreme Court (Oberster Gerichtshof Österreichs) is waiting for the verdict before ruling on the on the appeal of Ukrainian businessman Dmytro Firtash on his extradition to the United States.

According to the information on the website of the court, hearings on the applicability of the EU Charter on Human Rights to the appeal against the extradition of Firtash were held on March 20, 2018 and the conclusion (date of the opinion) was submitted on June 5.

Firtash's lawyer, ex-US Attorney General Dan Webb on October 9, 2018 informed the judge of the Northern District of Illinois Rebecca Pallmeyer about the opinion of the Austrian lawyers of the Ukrainian businessman that the Austrian Supreme Court could quickly decide their case.

Webb’s letter promulgated in the materials of the American proceedings says that although it is impossible to predict court decisions, Firtash may face extradition shortly after the decision of the EU Court of Justice (the essence of the request is that the EU Charter of Human Rights applies to extraordinary appeals in the Supreme Court of Austria, explains the lawyer).

"I'm writing again because the Court of Justice of the European Union has now publicly announced that the 'Date of delivery' of its opinion is October 24, 2018," Webb said in the letter, adding " Firtash's Austrian lawyers believe that once the Court of Justice of the European Union issues its decision, and the Austrian Supreme Court receives that ruling, the Austrian Supreme Court could quickly decide Mr. Firtash's case."

As earlier reported, Chairman of Group DF Dmytro Firtash was arrested in Austria on March 12, 2014 at the request of U.S. authorities. According to the U.S. Department of Justice, Firtash payed a bribe worth $18.5 million to receive a permit for mining operations in India. Firtash denied all charges and called them politically motivated, aimed at limiting his influence on the processes in Ukraine.

The Vienna Regional Court for Criminal Matters ruled on Firtash's extradition-related arrest then decided to release him on EUR 125 million bail on condition he would not leave Austria. On April 30, 2015, the same court ruled not to extradite Firtash to the United States. In September 2015, the Vienna Public Prosecutor's Office (Austria) filed an appeal against this decision, and on February 21, 2017, the Vienna Higher Regional Court satisfied it.

The Austrian Supreme Court considered not unfounded the appeal of the Ukrainian businessman with a request to reconsider as an erroneous verdict of the appeals court for his extradition to the U.S., contrary to the decision of the court of first instance.

"The Supreme Court decided to suspend the extradition of Mr. Firtash before considering his appeal," said a message dated December 26, 2017 to the lawyer of the Ukrainian businessman, co-founder of Davis Goldberg Galper PLLC (Washington) Lanny Davis, who was White House lawyer under Bill Clinton. According to him, the Supreme Court of Austria also suspended its own consideration of the case until the EU Court renders its decision.

In parallel, Webb sent a petition to Judge Pallmeyer on May 9, 2017 to close the case filed by the U.S. Department of Justice against Firtash, arguing that the bill of indictment does not contain any illegal act that took place in the United States. Webb also pointed out that Firtash never applied for a U.S. visa and did not enter the United States. Webb said the only connection with Chicago is the mobile phone that is registered in the city. According to the lawyer, the linking of Boeing to the possible "titanium project" of Firtash in India, on which the American prosecutors base their charges, is also incorrect.

The team of Firtash's lawyers in the United States, in addition to Webb, includes Lanny Davis and former U.S. Secretary of Homeland Security Michael Chertoff.