The office also develops activities in the field of international criminal law - extraditions and expulsions, as well as in the field of civil aspects of international child abduction under the Hague Convention of 1980. The office also deals with cases of transfer of convicted persons abroad - Bulgarian citizens , to serve their sentence on the territory of Bulgaria.
Emphasizing this type of case, the office has specialized in handling them.
Over the years, there have been numerous media appearances, including in our main media, BTV, Nova TV, Channel 1 and many others. We have participation in shows such as "In the hour of Milen Tsvetkov", Morning block, Central broadcast news and many others.
THE DILKINSKA CASE
A vivid example of our work is the case for the extradition of Irina Dilkinska to the USA on charges brought in connection with the One Coin affair, Ruzha Ignatova and the crypto-currency being developed. Dilkinska was detained at the beginning of June 2021 under a red notice issued by INTERPOL USA - Washington.
For our work on this case, the law firm was awarded a nomination in 2023 for the National Justice Awards of Bulgaria in the "Case of the Year" category.
Dilkinska has been identified by the FBI and the U.S. Attorney's Office for the Southern District of New York as a core member of the group of individuals with managerial functions at One Coin, primarily engaged in legal consulting and financial services.
The federal indictments are "Conspiracy to Commit Wire Fraud" and "Conspiracy to Launder Money" - felonies under Chapter 18 of the United States Code, Sections 1343, Sections 1349 and 3238, and Sections 1956(h ) and 3238.
It is known that One Coin has operations in about 170 countries around the world, and the total funds raised are over 4 billion dollars.
In Bulgaria, a pre-trial proceeding has been conducted and is currently being conducted, within the framework of which information is collected regarding the activities of One Coin. A number of European investigation orders and requests for international legal assistance are being executed. As part of this pre-trial proceeding, in 2018 a number of raids were carried out on One Coin offices. A significant number of persons were interrogated, computer configurations and documents were seized, but to this day no persons have been brought to criminal responsibility.
Within the framework of the extradition case, we had to familiarize ourselves in detail with the investigations carried out not only on the territory of Bulgaria and the USA, but also in a number of other countries. A huge amount of information was analyzed. Due to the high legal and factual complexity of the case, we used various specialists - translators, crypto-currency and block chain experts, fellow lawyers from different countries, and many others.
In the case, preliminary inquiries were made twice to the Court of the European Union in Luxembourg, which unfortunately were not admitted.
The eight preliminary questions formulated by us concerned, apart from the specific case, also the interpretation of Community law in general, in the light of extradition proceedings initiated at the request of a third country that is not a member of the EU, in this case the USA.
Dilkinska was eventually extradited to the United States in March 2023, where she awaits trial. The extradition was widely covered by our and international media.
The extradition case lasted 1 year and 8 months, and in terms of duration it is the longest proceeding of this kind in Bulgaria.
It is no secret that in the Bulgarian legal reality, the issues arising from extradition requests to the US against Bulgarian citizens have been critically discussed on more than one occasion - I am referring to the cases of Zhelyaz Andreev and Gergana Chervenkova. The opinion of the national ombudsman, then Maya Manolova, was as follows: "As an ombudsman who protects rights, the main question I ask myself is whether the extradition treaty between Bulgaria and the United States of America adequately protects the rights of Bulgarian citizens. And the answers I give myself on first reading are not very encouraging. That is why it is necessary for specialists in international private criminal law to analyze the requests for extradition and what the final result was, how many times Bulgaria requested the extradition of American citizens. I also insist on a comparison of the agreement between Bulgaria and the USA and the agreement between the EU and the USA and for an assessment of whether European citizens are more protected than Bulgarian citizens."
Within the framework of the extradition proceedings for the USA, there is a tendency to violate the Right to effective remedies (practice C-267/19 and C-323/19) in conjunction with Article 18 of the TFEU and Article 47 of the Charter of Fundamental Rights of the EU.
In practice, it is impossible to refute the presented evidence and statements /of FBI agents/ in the form of sworn declarations /affidavit/ without being able to conduct an effective judicial investigation as a stage of the extradition proceedings.
The motive of the national court is that all these questions are at the heart of the dispute and the national court is not competent to make such an analysis and collect all admissible evidence and evidence within the extradition proceedings.
In this sense, the requested person's right to defense is limited and he is almost doomed to be handed over to the requesting state in order to be able to defend himself effectively, as it will be extremely difficult to carry out such defense in a country other than his habitual residence.