Montenegro’s Constitutional Court Halts Planned Extradition to Kvona
The Constitutional Court of Montenegro has suspended the previously announced extradition of South Korean citizen Kwon, which the United States and South Korea are pursuing in connection with at least $40 billion in claims.
“The execution of the Supreme Court’s judgment dated September 19, 2024, and the extradition decision process will remain pending until the Constitutional Court reaches a final decision,” stated an announcement on October 18.
The Supreme Court determined that the conditions for Kwon’s extradition to either the United States or South Korea were fulfilled, and the final decision will be taken by the Minister of Justice, Bojan Bozovic, based on requests from the two countries.
Immediately following the Constitutional Court’s announcement, the Ministry of Justice responded, stating they were unaware that the South Korean citizen had filed a complaint with the Court.
The Constitutional Court informed them later in the day.
“Given the complexity of the case and the significant public interest, we believe that timely communication between branches and institutions is essential for the adoption of constitutional and legal decisions,” a Ministry spokesperson said.
They urged the Constitutional Court to act promptly on this matter.
“In the future, we hope to be informed without delay, allowing us to continue the necessary activities concerning this case,” they added.
As of now, the Constitutional Court has not provided a timeline for when a final decision regarding Kwon’s case can be expected.
Arrested 19 Months Ago
Kwon was arrested on March 23, 2023, at Podgorica Airport while attempting to depart for Dubai, alongside his business partner, Chang June.
Over the past 19 months, Montenegrin courts have addressed the extradition requests from both countries regarding Kwon on eight occasions.
The senior court initially decided to extradite Kwon, but that decision was later annulled, leading to a ruling on Kwon’s extradition to South Korea, given that the request from South Korea arrived before that from the United States.
This judgment was upheld by the Court of Appeal on August 1, noting it was final.
The Supreme State Prosecutor’s Office reacted to these judicial decisions to “protect legality,” prompting the Supreme Court to rule on September 19 that both countries were eligible for extradition, with the final determination left to the Minister of Justice.
Defense attorney Goran Rodić labeled the prolonged proceedings and contradictory court decisions as a “judicial debacle” in remarks to Radio Free Europe.
Kwon has expressed a preference for extradition to South Korea, where Chang June had been extradited in February.
Both individuals served four months in prison in Montenegro for using counterfeit travel documents.
Charges in New York and Seoul
The trial in the United States is already underway in Kwon’s absence.
A jury in New York found Kwon and his company, TerraForm Labs, liable for civil fraud in April of this year, ruling that they conspired with the U.S. Securities Commission (SEC) to defraud investors, resulting in losses of approximately $40 billion.
Following the New York Court’s ruling, Terraform Labs agreed to a settlement payment of about $4.5 billion to the SEC.
Although Kwon’s company settled with the SEC, the United States still insists on Kwon’s extradition from Montenegro, branding him as the ‘King of Cryptocurrency.’
Additionally, South Korean authorities have charged him with fraud and violations of capital market laws, leading to an Interpol Red Notice against him.
An arrest warrant was issued last September after the collapse of the Terra and Luna cryptocurrencies, in which he was a co-owner.