NO ESCAPE | 

‘Daniel Kinahan will pay in or out of prison’ – RICO lawyer says mob boss won’t escape lawsuit

Cartel boss won’t escape lawsuit even if he is behind bars, says RICO lawyer

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A lawyer leading a multi-million euro RICO lawsuit against mob boss Daniel Kinahan and MTK has said the mobster will be forced to pay up – even if he is behind bars by the time the case concludes.

Eric Montalvo told the Sunday World he is aware of the increasing co-operation between Irish authorities pursuing Kinahan and police in Dubai – with cops from the Gulf State visiting Ireland this week.

Mr Montalvo is suing Kinahan and MTK on behalf of US boxing promoter Moses Heredia, who alleges breaches of US racketeering laws by claiming MTK illegally poached his fighter Jo Jo Diaz using Kinahan’s drug money.

“Great question,” he said when asked whether Kinahan’s eventual arrest will impact the ongoing lawsuit.

“But his arrest is irrelevant … once I have judgement then I’m enforcing that against any forfeited assets.

“When you arrest a guy, a criminal who is engaged in money-laundering, there are two separate things that happen at the same time.

“One of the things that happens is the criminal aspect that focusses on the person going to jail and being fined.

“And then, also at the same time there is a civil forfeiture and that is something that happens at the same time but is separate from the criminal process.

“So when you are talking about his arrest, that is one issue. But if they believe the proceeds (his money) to be dirty, then they seize them and if it’s not contested, then they are considered forfeited and become property of the state.

“And if you are a victim, you can apply to recover from those assets.

“In our case, we claimed RICO (breaches of the US Racketeer Influenced and Corrupt Organisations Act).

“And that would make us a victim of his criminal activity and that allows is to pursue the recovery of any civil forfeiture that occurs.

“We already know that he had committed a crime in Dubai because he engaged there in identity fraud – he used a false passport.

“And it’s not just Kinahan – MTK is involved here as well – so we get to collect money from any and all those defendants.

“We can chase their assets not just in the United States but also in Dubai and in Dublin. We’re not limited to the US.”

In the most recent update on the case being led by Mr Montalvo, the District Court in California ordered last week that damages discovery in the case be completed by February 29 and the requested damages set out by March 21.

Efforts to secure Kinahan’s arrest and extradition to Ireland intensified this week with senior Dubai police officers meeting Garda Commissioner Drew Harris prior to a further meeting with the force’s Drugs and Organised Crime Bureau.

Speaking on Tuesday, Mr Harris said that police in Dubai has already provided “great assistance” with their “ongoing investigations into transnational organised crime”.

Support from this delegation “will further advance that co-operation”, he said.

The visit comes one day after Justice Minister, Helen McEntee, discussed the possibility of a bilateral treaty on extradition with her UAE counterpart.