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Canada The Courts China Technology

Canada Grants Bail For Arrested Huawei CFO Who Faces US Extradition (cnbc.com) 234

A judge in Vancouver, British Columbia, has set a $7.5 million U.S. bail for Huawei CFO Meng Wanzhou, who was arrested last week on suspicion of violating U.S. trade sanctions against Iran. "The United States had asked the Vancouver court to deny bail for Meng, whose father is a billionaire and a founder of Huawei, calling her a flight risk," reports CNBC. From the report: Canada has been expected to extradite Meng to the United States over charges that the company improperly took payments from Iran in violation of sanctions against the country. Meng's next moves will be closely watched, but it is likely with her corporate and family connections that she will be able to make bail. The $10 million CAD ($7.5 million USD) includes $7 million CAD ($5.2 million USD) cash and $3 million CAD ($2.2 million USD) more from five or more guarantors, presented by Meng and her attorney's as sureties that she would remain in the country. As conditions of the bail agreement, Meng must surrender her passports, wear a GPS tracking device and be accompanied by security detail whenever she leaves her residence.
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Canada Grants Bail For Arrested Huawei CFO Who Faces US Extradition

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  • What's the betting line on whether the next country she goes to is China vs the US?

    • China, no question (Score:5, Interesting)

      by Pollux ( 102520 ) <speter@tedat[ ]et.eg ['a.n' in gap]> on Tuesday December 11, 2018 @07:52PM (#57789804) Journal

      As soon as they granted her bail, China, no question. If the US really wanted her, they would have made arrangements to get her immediately after her arrest. Since the US didn't arrange that, then it's safe to say this was designed to be a shot across the bow at China, nothing more. But China clearly got the message. If you are a Chinese national in the United States (or Canada), you are vulnerable.

      I found it so funny that they took away her passports. That only works for people who fly commercially. Chartered private planes don't require them. And with her estimated net worth at over $100 million, it won't take anything for her line up a flight direct to Beijing.

      • by caseih ( 160668 ) on Tuesday December 11, 2018 @08:08PM (#57789896)

        And now what if you are an American (or Canadian) national in China? No doubt China will retaliate. There are a lot of American businessmen who operate in China. They already occasionally are subject to arbitrary action on the part of the Chinese government. Would this not give China more excuses to use them as political tools?

        • and what bondsman will take that risk?

          • by youngone ( 975102 ) on Tuesday December 11, 2018 @08:52PM (#57790108)
            It's Canada. They're a civilised country, so bail bondsmen are illegal.
            • Canada is so civilised that it does not have bail bondsmen. I think that is something that is exclusively American and falling into disfavour.

        • by iCEBaLM ( 34905 ) on Tuesday December 11, 2018 @09:04PM (#57790166)

          China has already retaliated:

          https://www.cbc.ca/news/politi... [www.cbc.ca]

          • Re: (Score:2, Insightful)

            by Anonymous Coward

            China is never a good actor. Hacking, theft, deception, lies, and retaliation against innocents that can't defend themselves if you speak up.

            The Chinese government is the largest terrorist and criminal racketeering organization the world has ever known.

            • Re: (Score:3, Interesting)

              by Anonymous Coward

              You could have substituted "US" for "China" in that post, and it would have exactly as convincing.

              It was a boneheaded move to arrest this woman. Getting the Canadians to do it - just drags them down too. Frankly I'm surprised they went along, I suspect there's not many countries left that would have now. (Try pulling a stunt like this in, say, Australia or Japan instead. No chance.)

              Note that the person arrested in that story - even assuming, as seems likely, it was simple retaliation - is hardly a nameless

              • Sooo, they should've looked the other way from her Iran sanctions evasion for political reasons, is what you're saying?

            • by iNaya ( 1049686 ) on Tuesday December 11, 2018 @10:04PM (#57790376)
              You can replace "China" in those two sentences with "the United States", and they would be just as true.
              • So both China and the US are the largest terrorist organization? That's a good trick. How did you do it?
            • lies, and retaliation against innocents that can't defend themselves if you speak up.
              Hypocrite very much?
              The Chinese Lady in question is innocent, too.
              On what fucking legal base was she arrested? Oh, the Trumpet demanded it ... that was the legal base.

              The Chinese government is the largest terrorist and criminal racketeering organization the world has ever known.
              Really? I thought that was Nazi Germany and Stalin Russia ... you must live behind the moon, or under a rock or under a rock on the backside of the

            • The Chinese government is the largest terrorist ...

              I think your auto-correct bit you in the ass.

              The US is in Iraq, Yemen, Somalia, and Afghanistan (the Eternal War), killing innocent men, women, and children.

              The Chinese? Where are their bombing raids?

          • And notice the difference, they are holding him without explanation. China doesn't pretend to care even slightly about due process of law.

            • The explantation is implicit: you assholes arrested one of us, we arrest one of yours.

              China doesn't pretend to care even slightly about due process of law.
              They do care. But they don't pretend. When it is appropriated they really care. In this case it is not.

            • Why should China care about due process? Due process is coded in US law. Why not speak of freedom of speech? China doesn't have that. It's an American concept. China doesn't have freedom of assembly, freedom of press ...

              China is not pretending anything, any more than the US "pretends" to have the right to keep and bear arms.

          • China has already retaliated:

            https://www.cbc.ca/news/politi... [www.cbc.ca]

            Of course they have. You poke the beast by arresting one of their executives on Trump-ed up charges, of course they will do the same.

        • The Trump administration, by way of the Tariff War, has demonstrated that it doesn't give a rat's ass about consequences.

      • by Dunbal ( 464142 ) *

        Chartered private planes don't require them.

        Immigration in your destination country kind of does, though. You realize they track planes through flight plans and radars and know if you're trying to skip immigration and customs, right?

      • by mysidia ( 191772 )

        Chartered private planes don't require them.

        Uh... no..... when a chartered plane lands, they will still have to go through customs. However, as a Chinese national she should likely not be prevented from easily getting the passport replaced or entering without a passport: long as she can prove her identity, which shouldn't be too much a problem for an individual with the full weight of a multi-billion$$ corporation at her disposal.

      • It may be more than a shot across the bow, and it didn't happen just because she was a Chinese national, even a prominent one, but because she evaded sanctions on Iran, which is a pretty serious crime.

        Average Chinese nationals, who haven't committed serious international financial crimes, have no reason to worry that anything similar may happen to them.

        And yes for a few million, if she really wanted to, she could hire a team of mercenaries to take out the security team around her, wrap some foil around her

        • but because she evaded sanctions on Iran, which is a pretty serious crime.
          No it isn't.

          Well, it is. In the fact that the sanctions should be declared illegal, and the same with the sanctions against Cuba and Venezuela. Time that the west stops to kowtow to USA, actually that was time 20 years ago ...

        • it didn't happen just because she was a Chinese national, even a prominent one, but because she evaded sanctions on Iran, which is a pretty serious crime.

          The clue to the flaw in your argument is in plain sight. She is a Chinese national working for a Chinese company. China does not have sanctions against Iran in place. She has not broken the law.

          And is it a serious crime? The sanctions themselves are breaking a signed treaty by this country. I don't normally defend China- but in this case the US is clearly the bad guy and Canada, who I normally respect, are abetting.

          • She committed crimes in the US involving a US company:

            https://www.nytimes.com/2018/1... [nytimes.com]

            How has she not broken the law?

            • She committed crimes in the US involving a US company:

              https://www.nytimes.com/2018/1... [nytimes.com]

              How has she not broken the law?

              Skycom = Hong Kong company. Hong Kong ruled by China. China has no sanctions against Iran. If American banks were involved and didn't do due process to realize funds were coming or going from Iran then the banks are at fault.

              This is 100% about politics and 0% to do with her breaking any laws.

              • So you think that foreigners should be free to perpetrate fraud against American companies without facing any potential consequences from American law enforcement, interesting. Does it matter if she was physically in the US when she perpetrated the frauds? She may have been, it isn't clear, just wondering.

                • So you think that foreigners should be free to perpetrate fraud against American companies without facing any potential consequences from American law enforcement, interesting. Does it matter if she was physically in the US when she perpetrated the frauds? She may have been, it isn't clear, just wondering.

                  I think foreigners working for foreign companies whilst in foreign companies and dealing with other foreign companies should not face any potential consequences from American law enforcements, yes. In fact, that seems a pretty logical conclusion that almost anyone would make. America has no jurisdiction over China, or Hong Kong, or even Iran, the three countries involved with this dealing.

                  If she were American, or in America, or working for an American company, or if this had ANYTHING to do with America be

                  • The bank used to facilitate the deal was a company operating and registered in the US that she directly acted to defraud (possibly while physically in the US). This link may help explain it:

                    https://law.stackexchange.com/... [stackexchange.com]

                    Also at some point SkyCom sold US-made equipment to Iran.

                    • The bank used to facilitate the deal was a company operating and registered in the US that she directly acted to defraud (possibly while physically in the US). This link may help explain it:

                      https://law.stackexchange.com/... [stackexchange.com]

                      Also at some point SkyCom sold US-made equipment to Iran.

                      She doesn't work for the US bank though, she works for a Chinese company. What SkyCom did in the past is irrelevant. It may be illegal for the US bank to operate with Iran- but it is not illegal for a Chinese citizen working for a Chinese company within China to work with Iran.

                    • Would it be illegal for a Chinese citizen working for a Chinese company within China to fool a US bank into working with Iran?

                      Would it be illegal for a Chinese citizen working for a Chinese company in the US to fool a US bank into working with Iran?

                      Everything I can find says yes to both. I haven't been able to find any support for your argument that it's basically HSBC's fault for falling for it and she's legally in the clear.

                    • Would it be illegal for a Chinese citizen working for a Chinese company within China to fool a US bank into working with Iran?

                      OK, so let's reverse the scenario. Your ISP is purchased by a Chinese company and you make a post saying "Xi Jinping looks like Winnie The Pooh". Does China now have the right to extradite you to China and send you to a re-education camp. What if you used a TOR browser and a VPN to post it (and fool them/hide your identity) By what you're saying above (that she used an American bank she is subject to American rules) one would have to assume that you using a Chinese owned ISP would make you have to abide

      • no need if the usa fails to exerdite her she will be released in 60 days. thats the rules as she broke no laws in Canada.
    • by Ziest ( 143204 )

      $10.00 says she is gone before New Years. Dad is a billionaire, $10 million CAD is chump change to him.

    • The way bail works, is that you're eligible to be released from your current state of incarceration in exchange for a surety, usually enough cash/property to ensure with decent probability that you'll appear in court to face the music. Bail does not guarantee freedom from a criminal hold by another entity, so if you want to bet on Canadian release to China over Canadian release to America, please don't wager the light bill money.

      For her sake, she'd hope the bail means release to her homeland...the Chinese

    • by Dunbal ( 464142 ) *
      I'm betting she's going to have some of the best lawyers in the country on her side.
  • by account_deleted ( 4530225 ) on Tuesday December 11, 2018 @07:50PM (#57789802)
    Comment removed based on user account deletion
  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Tuesday December 11, 2018 @08:14PM (#57789936)
    Comment removed based on user account deletion
    • by Anonymous Coward on Tuesday December 11, 2018 @08:26PM (#57789986)

      DoJ Hypocrisy...

      "Meng is charged with violating US sanctions on Iran. Yet consider her arrest in the context of the large number of companies, US and non-US, that have violated US sanctions against Iran and other countries. In 2011, for example, JP Morgan Chase paid $88.3 million in fines in 2011 for violating US sanctions against Cuba, Iran, and Sudan. Yet Jamie Dimon wasn’t grabbed off a plane and whisked into custody.

      And JP Morgan Chase was hardly alone in violating US sanctions. Since 2010, the following major financial institutions paid fines for violating US sanctions: Banco do Brasil, Bank of America, Bank of Guam, Bank of Moscow, Bank of Tokyo-Mitsubishi, Barclays, BNP Paribas, Clearstream Banking, Commerzbank, Compass, Crédit Agricole, Deutsche Bank, HSBC, ING, Intesa Sanpaolo, JP Morgan Chase, National Bank of Abu Dhabi, National Bank of Pakistan, PayPal, RBS (ABN Amro), Société Générale, Toronto-Dominion Bank, Trans-Pacific National Bank (now known as Beacon Business Bank), Standard Chartered, and Wells Fargo.

      None of the CEOs or CFOs of these sanction-busting banks was arrested and taken into custody for these violations. In all of these cases, the corporation – rather than an individual manager – was held accountable. Nor were they held accountable for the pervasive lawbreaking in the lead-up to or aftermath of the 2008 financial crisis, for which the banks paid a staggering $243 billion in fines, according to a recent tally. In light of this record, Meng’s arrest is a shocking break with practice. Yes, hold CEOs and CFOs accountable, but start at home in order to avoid hypocrisy, self-interest disguised as high principle, and the risk of inciting a new global conflict."

      https://www.project-syndicate.org/commentary/trump-war-on-huawei-meng-wanzhou-arrest-by-jeffrey-d-sachs-2018-12

    • by AmiMoJo ( 196126 )

      Alternatively you could read it as the DOJ helping Trump by providing him with an opportunity to pardon her or otherwise shut the investigation down, doing Xi a favour and strengthening their relationship.

      You can build a conspiracy to support any idea you want, but in reality it's probably just the DOJ doing what the DOJ is supposed to be doing.

  • Held him without cause, why... because they can.
  • ... surrender her passports,"

    A Chinese issued passport that will be easily replaced once she gets back to China.

    "...wear a GPS tracking device..."

    that can be easily disabled/spoofed by anyone with the know how. (it was probably made in China)

    "...and be accompanied by security detail ..."

    that will be even easier to disable/evade than the GPS tracking device by anyone who doesn't care about pissing off the Canadians.

    And then it will be onto a private jet that will have filed a flight plan to San Diego but will then overshoot into Mexican airspace and disappear off RADAR never to be heard from again. Unless t

  • https://www.zerohedge.com/news... [zerohedge.com]

    She has SEVEN passports that we know about (4 from China, 3 from HK), plus at least one more than listed.

    Simultaneously, she's a cause celebre for the Chinese GOVERNMENT.

    And so she's NOT a flight risk?

    • Maybe this is Canada's way of gracefully bowing out of the whole thing. "Gee, Donald, sorry, we didn't think she'd take off, eh? If she ever comes back to Canada, we'll arrest her again, eh? Sorry. Here, have a double-double and a honey-glazed."
  • Run Meng run!
  • by Wolfier ( 94144 ) on Tuesday December 11, 2018 @09:41PM (#57790310)

    Would be to release her totally and let her fly away.
    At the same time, turn on the rumour machine that she's turned into a double agent as a condition of her release.

  • Most American allies are buying Cisco instead of Huawei under US pressure. However Canada will probably be so embarrassed by this kangaroo arrest that they will allow Huawei to do business in Canada

  • by Anonymous Coward
    The worst industrial disaster in history is the Bhopal disaster caused by Union Carbide, now a fully-owned subsidiary of Dow Chemical. Around 4,000 people died instantly, and ~ 500,000 people were injured. This is higher casualty than all the “chemical warfare” in the Middle East combined. After 5 years of litigation, Union Carbide paid $470 million to settle the case. UCC Chairman Warren Anderson was flown out of India immediately, and none of the UCC American owners and corporate officers have
  • They should have "granted" her gitmo.

  • ... program, she has an Android [slashdot.org] duct-taped to her ankle.

    Google's CEO Thinks Android Users Know How Much Their Phones Are Tracking Them

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