Extradition

• Author: International Law Group
• Pages: 194-199

Page 194

They hired telemarketers who got in touch with people in the United States with poor credit records. They told these people that First Capital, the company represented by the Page 195 telemarketers, could obtain pre-approved credit cards for them in exchange for an advance fee. The amount of the fee varied, but was usually around $200 U.S.

First Capital could not, and did not, supply any pre-approved credit cards. Over an eighteen months period, the scheme bilked U.S. Consumers out of about $7,000,000

The Record of the Case certified by the United States included a sworn videotaped statement furnished in Canada to Canadian and American authorities by one Mark Lennox on April 1, 2004. The American authorities had started out by seeking the extradition of Lennox. On the advice of counsel, however, he co-operated with the authorities in the hope that Canada, and not the United States, would prosecute him; he hoped that he would receive a lenient sentence in exchange for his co-operation. In addition to turning over the sworn videotaped statement, Lennox gave grand jury testimony in Illinois in May 2004.

Lennox had quite a bit of prior experience in the telemarketing business and had worked with Dalglish in the past. Anderson and Dalglish hired him as the office manager of First Capital. Lennox also knew Prudenza. He had previously taken part in the telemarketing business and also had a mail fraud conviction. Apparently, Anderson had no prior involvement in the telemarketing business.

Lennox testified that the telemarketing operation was "a complete and total scam". He admitted having an integral role in that fraud. He also outlined the respective roles played by Anderson, Prudenza and Dalglish in the First Capital operation. These reasons are not concerned with the roles played by Prudenza and Dalglish. I need not review that evidence. This trio admitted at the extradition hearing that the evidence provided by the United States justified their extradition.

The Court then focuses on Lennox's account of the role played by Anderson. Lennox first met Dalglish and Anderson in early September 2001.

They told him that they were about to set up a telemarketing operation with Lennox managing its day-to-day affairs. Anderson was to be the "money man" who would finance the scheme. At this first meeting, Dalglish assured the others that each successful sale would produce a net profit of about $150 U.S.

When Lennox decided to come on board, Anderson gave him a $2,000 signing bonus.. Lennox clearly saw that Anderson was bankrolling the startup costs of the business, characterizing Anderson and Dalglish as "co-owners of First Capital". Anderson would be signing the payroll checks. He also signed the leases on various premises used by the telemarketers. In August 2002, when First Capital had serious cash flow problems, Anderson came up with additional financing. According to Lennox, without this additional funding, the operation would have ground to a halt.

Before the grand jury, Lennox's testimony made clear that Anderson was told that Capital One had no power to issue pre-approved credit cards. When speaking to potential customers, Dalglish and Prudenza required the telemarketers to use "scripts" that the two of them had put together. In his sworn statement, Lennox said that Anderson saw the 'script' before the telemarketers used it. In his statement, Lennox said that Anderson was a party to discussions among Prudenza, Lennox and Dalglish that, to increase customer confidence, First Capital must appear to the U.S. customers to be operating out of the United States and not from Canada. Counsel for Anderson subpoenaed Lennox to testify at the extradition hearing. At that time, Lennox, a Canadian citizen, was living in Windsor, Ontario in a psychiatric/detoxification facility.

Anderson's counsel contended that Lennox's live testimony coupled with the Record of the Case could lead the judge to conclude that Anderson's committal for extradition was not warranted under ß 29(1)(a) of the Extradition Act, S.C. 1999, c...