Defense attorneys urged a judge Monday to release two Massachusetts men facing possible extradition to Japan, where they are wanted for allegedly helping former Nissan chief executive Carlos Ghosn evade prosecution for financial crimes.
Lawyers said that because “bail jumping” is not a crime in Japan, Michael Taylor, 59, a former Green Beret, and his son, Peter, 27, cannot be extradited for helping Ghosn flee the country while on bail in December.
"Enabling bail jumping is also not a crime,” the Taylors’ attorneys, Paul V. Kelly, Abbe David Lowell, Daniel Marino, Tillman Finley, and James Ulwick, wrote in a 34-page motion filed in US District Court in Boston. They urged a judge to quash a provisional warrant that federal prosecutors obtained to arrest the men at their Harvard home on May 20.
Even if the court refuses to drop the case, the Taylors should be released from custody while extradition proceedings are pending, their lawyers argued. The pair are being held at the Norfolk County Correctional Center, where 25 inmates recently tested positive for coronavirus, according to the court filing.
Michael Taylor had part of his left lung surgically removed several years ago, occasionally experiences breathing difficulties, and could face “very serious medical complications” if he contracts the virus, his lawyers wrote.
The authorities allege the Taylors hid Ghosn in a large black box and whisked him away on a private jet. At the time, Ghosn was free on bail and awaiting trial.
“The plot to spirit Ghosn out of Japan was one of the most brazen and well-orchestrated escape acts in recent history, involving a dizzying array of hotel meetups, bullet train travel, fake personas, and the chartering of a private jet," Assistant US Attorney Stephen W. Hassink wrote in court filings.
Ghosn now lives in Lebanon, which has no extradition treaty with Japan. Ghosn has maintained he is innocent and said he didn’t believe he could get a fair trial.
In January, Japanese officials issued an arrest warrant for Taylor, his son, and longtime acquaintance George Antoine Zayek, 60. The three are accused of helping Ghosn bypass immigration checkpoints during the escape.
Japanese investigators allege that on Dec. 29, the day of the escape, Michael Taylor and Zayek traveled from Dubai to Japan on a private jet, carrying two large black boxes that appeared to be for audio equipment. They told workers at Kansai International Airport that they were musicians, prosecutors said.
Video surveillance gathered by Japanese authorities shows Michael Taylor and Zayek checked into the Star Gate Hotel Kansai Airport shortly after 11 a.m., then traveled by taxi and train to Tokyo, where they met Peter Taylor and Ghosn at the Grand Hyatt. The younger Taylor had checked into that hotel the previous day, according to court filings.
All four men left the Tokyo hotel carrying luggage, then Peter Taylor boarded a flight for China while the others traveled back to the airport hotel.
That night, Michael Taylor and Zayek arrived at Kansai airport and passed through security with the two black boxes, allegedly hiding Ghosn inside one of them, prosecutors allege. Just after 11 p.m., they boarded a private jet to Istanbul. Two days later, Ghosn made a public announcement that he was in Lebanon.
Japan is seeking the extradition of the Taylors under a 1980 treaty with the United States. The court must decide whether there is probable cause to believe the Taylors committed the crime they are accused of and the secretary of state will ultimately decide whether to extradite them.
Prosecutors argued that the Taylors have deep ties to Lebanon and would be likely to flee the United States if released on bail.
In Monday’s motion, the Taylors’ lawyers said Japanese authorities have alleged two crimes that are misdemeanors, and the men are not subject to extradition under the treaty. Those offenses are enabling Ghosn to leave Japan while bypassing immigration controls and harboring Ghosn after he committed the offense of bypassing immigration controls.
The lawyers said the Taylors are lifelong Massachusetts residents who returned to the state knowing that they were facing charges in Japan.
“These are not the acts of persons who have any intention of attempting to avoid prosecution or extradition,” the lawyers wrote.
The authorities in Lebanon investigated allegations that the Taylors had helped Ghosn escape from Japan but declined to bring charges, they added.
“If Japan has any quarrel with the Republic of Lebanon’s conclusion, that is a matter for the governments of Japan and Lebanon to address among themselves,” they wrote.
Shelley Murphy can be reached at shelley.murphy@globe.com. Follow her @shelleymurph.