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An Israeli private investigator fighting extradition to the U.S. has accused FBI agents of violating his rights by detaining him without reading him his Miranda warnings, a breach that his lawyer argues compromises his right to a fair trial. The allegations were aired in London's Westminster Magistrates' Court on Friday as part of the ongoing extradition proceedings.

Lawyer: FBI "Bait and Switch" Tactic Violated Suspect's Rights

Amit Forlit, accused of running a hacking-for-hire operation targeting climate activists and other entities, was detained in October 2021 at the U.S. Embassy in London. His lawyer, Barry Pollack of Harris St. Laurent & Wechsler LLP, testified that the FBI lured Forlit to London under the pretense of discussing unrelated sanctions violations, only to interrogate him as a suspect in a hacking investigation.

Pollack argued that the FBI’s actions amounted to a “bait and switch” scheme. While the FBI had written to Forlit days before stating he was not under detention, Pollack contended that the presence of armed guards, the confiscation of his mobile devices, and the context of the questioning rendered him effectively in custody under U.S. law.

“Under such circumstances, a reasonable person would believe they were not free to leave,” Pollack said.

FBI’s Role in Hacking Probe Under Scrutiny

Forlit is accused of hiring hackers, with the assistance of convicted collaborator Aviram Azari, to discredit U.S.-based climate activists involved in litigation against ExxonMobil. Prosecutors allege Forlit’s operation earned millions between 2012 and 2019, with his clients including an American lobbying firm seeking to undermine environmental advocacy efforts.

Azari, who owned an Israeli private intelligence firm, pleaded guilty to related charges and was sentenced to 80 months in prison in 2023. Forlit denies the allegations, asserting he had no role in any illegal hacking scheme.

Defense lawyers argue that the FBI’s tactics violated international law and improperly bolstered the criminal case against Forlit. They claim no direct evidence from Forlit’s emails links him to the alleged crimes, relying instead on statements obtained during his embassy interview.

U.S. Government’s Position on Rights Claims

The U.S. Department of Justice has indicated it will not oppose procedural challenges tied to Miranda rights if Forlit is extradited, Pollack testified. However, it remains unclear whether Forlit, as a foreign national questioned outside the U.S., has standing to invoke such protections.

Government attorneys have countered that Forlit knew or should have anticipated that the October 2021 meeting might shift focus to hacking allegations. They argue his outreach to the FBI about sanctions violations could have been an attempt to gauge whether he was under investigation.

Broader Implications for Extradition

Forlit’s defense has framed the extradition as politically charged, asserting it is intertwined with U.S. climate activism litigation and amounts to an abuse of process. Additionally, Forlit has accused the FBI of colluding with legal representatives for Farhad Azima, an aviation tycoon embroiled in a separate hacking dispute with Forlit.

The case, overseen by the U.S. legal team led by Adam Payter of 6KBW and instructed by the Crown Prosecution Service, highlights complex intersections between international law, cybersecurity, and individual rights.