A U.S. appeals court closed the door on Viktor Bout’s legal efforts to overturn his 2011 conviction on conspriacy counts, forcing the imprisoned Russian arms dealer to turn to a higher panel and likely the U.S. Supreme Court for relief.
Three judges from the U.S. 2nd Circuit Court of Appeals rejected arguments by Bout’s lawyers that the 2008 undercover sting operation that led to his arrest in Thailand was vindictive and his extradition accomplished with political pressure by the U.S. government. Instead, the court ruled, U.S. authorities were motivated by proper “widespread concern” about Bout’s possible involvement in criminal activities.
Bout’s legal team cited reporting in “Merchant of Death” about his air cargo company’s work for the U.S. government in Iraq in an attempt to show the U.S. was motivated by embarassment in its pursuit of the Russian businessman. But the appeals judges dismissed that tack in their unanimous decision.
“The government’s enthusiastic or energetic pursuit of Bout, a high-priority criminal target, does not demonstrate vindictive, or even inappropriate, government conduct,” wrote Circuit Judge Jose Cabranes.
Bout’s lawyer, Albert Dayan, has indicated he will ask for a ruling from the full 2nd Circuit. If rejected again, his last resort would be the Supreme Court. Bout’s Russian lawyer, Alexey Binetsky, has indicated he might turn to other legal options, including trying to find legal grounds to press for a new trial.
—Reuters, “A U.S. appeals court on Friday upheld the conviction of Russian arms dealer Viktor Bout for conspiring to kill Americans, rejecting his argument that he was a victim of “vindictive” prosecution, including the intentional sting that led to his capture.