Huawei Chief Financial Officer Meng Wanzhou is raising a new argument in a Canadian court in a bid to fight extradition to the United States on bank fraud charges, court documents released on Monday showed.
Meng’s lawyers claim the case that the United States submitted to Canada is “so replete with intentional and reckless error” that it violates her rights.
Meng, 48, was detained in Vancouver on Dec. 1, 2018, at the request of the United States, where she is charged with bank fraud and accused of misleading HSBC Holdings Plc about Huawei Technologies Co Ltd’s business in Iran.
Meng, the daughter of billionaire Huawei founder Ren Zhengfei, has said she is innocent and is fighting extradition.
The arrest has strained China’s relations with both the United States and Canada.
A PowerPoint presentation that Meng gave to a HSBC banker in Hong Kong in 2013 has been cited as key evidence against her.
In that presentation, Meng said that Skycom Tech Co Ltd – a firm that operated in Iran – was “a business partner of Huawei,” while the United States has described it as an unofficial subsidiary.
Meng’s lawyers argued the prosecutors omitted key disclosures Meng made in the presentation regarding Huawei’s ongoing business operations in Iran and that Skycom worked with Huawei in sales and service in Iran.
Without those disclosures, the lawyers said, the U.S. summary of the PowerPoint was “materially misleading.”
Meng’s lawyers also pointed out that the case said only “junior” HSBC employees knew of the relationship between Huawei and Skycom. Meng’s lawyers said it is implausible that HSBC senior management was unaware of the relationship, given Huawei was one of HSBC’s biggest clients.
The lawyers also said that a $900 million credit facility that the United States said HSBC had extended to Huawei did not exist. Rather Huawei was in a $1.6 billion credit arrangement with 26 banks, and HSBC’s total contribution was limited to $80 million, they argued.
In addition, the lawyers said, the credit facility was never drawn on by Huawei and was canceled in June 2017.
Assistant Chief Justice Heather Holmes of British Columbia Supreme Court said in a case conference on Monday that she wanted to be fully apprised of the U.S. case before turning to Meng’s claims that her rights were violated when she was arrested.
A spokesman for U.S. prosecutors declined to comment. A spokeswoman for Canadian Justice minister declined to comment as the case remains before the courts.
“We are not a party to this case, so it is not appropriate for us to comment on any particular evidence,” said HSBC spokesman Rob Sherman.
Last month, a Canadian judge allowed the extradition case to continue, rejecting defense arguments that the U.S. charges against Meng do not constitute crimes in Canada.
However, in another report, Lawyers for Huawei executive Meng Wanzhou on Monday accused Canadian police and border agents, in collusion with the FBI, of abuse of process in her arrest on a US warrant.
At a British Columbia Supreme Court hearing to set the timetable for extradition hearings, defense lawyer David Martin argued that Canadian officials purposely delayed her arrest by several hours during a December 2018 stopover in Vancouver in order to gather evidence for the FBI.
In court filings, the defense said this “pre-planned scheme” allowed authorities to snoop through her electronic devices under the pretense of a customs inspection.
The court heard previously that the FBI had asked for Meng’s devices to be stored in “signal-blocking” bags, which the Canada Border Services Agency did.
The FBI also asked for electronic serial numbers and images of Meng’s devices.
Meng’s lawyers also filed other claims to the effect that the extradition request is more political than legal due to comments in the past by President Donald Trump which suggest the US government had already prejudged and convicted and convicted the Huawei CFO
“President Donald Trump’s musings about a trade deal with China will be under a legal microscope Monday as lawyers for Huawei executive Meng Wanzhou formally allege her extradition case to the U.S. has been tainted by politics”, the lawyers said.
SOURCE: AGENCY REPORTS THROUGH Yahoo.com