Judge Wants Extradition in Parts-Smuggling Case

A federal judge on Monday ordered federal prosecutors to file extradition papers with British authorities so an Iranian charged with being a central figure in an aircraft parts smuggling ring could be tried in this country.

Saeid Asefi Inanlou, an Iranian national living in London, was named in July in a lengthy federal indictment unsealed in San Diego that charged seven people with 61 counts of conspiring to sell sophisticated aircraft parts to Iran. Inanlou’s six co-defendants were arrested in San Diego and Bangor, Wash., and an eighth suspect was arrested last week in Massachusetts.

A warrant for Inanlou’s arrest was issued in July by a U.S. magistrate, but Assistant U.S. Atty. Phillip Halpern said Monday that U.S. authorities have not filed a formal request for Inanlou’s extradition. Inanlou was arrested at London’s Heathrow Airport on July 12 by British authorities and charged with violating an English exports control order that pertains to military equipment. He was later released on the equivalent of $150,000 bail.

Halpern and U.S. Atty. Peter K. Nunez said in July that efforts were under way to extradite Inanlou to this country to face charges. But at a Monday motions hearing for the defendants, Halpern told U.S. District Court Judge Leland C. Nielsen that his office cannot formally request Inanlou’s extradition until he is tried on the British charges.

“But there’s no pressure on the British government to expedite those proceedings if no formal request is filed,” Nielsen said. “We’re running into problems here because of that. It’s got to be done.”

According to Halpern, U.S. prosecutors did not learn until “mid-August or the beginning of September” that Inanlou could not be extradited until the British charges against him are resolved.

In a telephone interview, Halpern said, “It was our hope to obtain extradition before he was charged and tried there.” He said that at this point Inanlou’s extradition is “certainly not my primary objective,” but added that the Iranian’s prosecution is still a priority.

At Monday’s hearing, Halpern told Nielsen that a provisional arrest warrant has been issued for Inanlou.

“I know, but I want a formal extradition request filed,” Nielsen replied. “I order the government to immediately proceed as rapidly as possible.”

After the hearing, Halpern said he does not believe that Inanlou’s extradition is crucial to the trial for the seven defendants in custody. He suggested that prosecutors have enough evidence against them without trying them together with Inanlou.

“He (Nielsen) believes, feels perhaps, that Mr. Inanlou would have some impact on the defendant’s motions. . . . It will take months and months (to extradite him). Clearly, I don’t see any possibility of having Mr. Inanlou brought to the United States in the next six months. I don’t think it will have an impact on the trial (for each defendant),” Halpern said.

Virginia Ely, attorney for Julie Agustin, 46, a defendant in the case, said that Inanlou cannot be extradited under the current U.S.-British extradition treaty, which Ely said covers only heinous crimes. However, the treaty permits both sides to acquire depositions from Inanlou, Ely said.

“The prosecution doesn’t want to (acquire depositions from) him because they know that what he tells them will clear up a lot of illusions about this alleged spy ring. He has exculpatory information that will clear my client,” Ely said.

However, Halpern said it is doubtful that Inanlou would agree to be deposed by prosecutors.

“I would imagine that Mr. Inanlou would assert his 5th Amendment rights. He has an absolute right to remain silent,” Halpern said.

The other defendants in the case are Julie Agustin’s husband and the alleged ringleader, Franklin P. Agustin, 47; Agustin’s brother, Edgardo, 45; Pedro M. Quito, 60; Primitivo B. Cayabyab, a 17-year Navy veteran; Antonio G. Rodriguez, a 16-year Navy veteran, and Daniel Wheeler, 33.