BOSTON – A French national who previously resided in East
Boston was charged today in federal court in Boston in connection with
kidnapping his three-year-old child in violation of court orders.
Malik Benhamza, 33, was charged in a criminal complaint with
one count of international parental kidnapping. Benhamza is currently a
fugitive and believed to be in Algiers, Algeria.
As alleged in charging documents, on Feb. 2018, Essex County
Family and Probate Court granted Jerusha Hall sole legal custody of her and
Benhamza’s three-year-old child, and granted Benhamza visitation rights during
specific days and times. The judgement also stated that neither parent could
travel outside of Massachusetts with the child without written notice/consent
to the other parent. On July 1, 2018, Benhamza did not return the child to Hall
following a scheduled visit. Hall contacted law enforcement who traced
Benhamza’s cell phone the following day to John F. Kennedy International
Airport in New York. Law enforcement reviewed records of flights originating
from JFK Airport and discovered that on July 1, 2018, Benhamza departed aboard
Royal Air Moroc Flight 201 with the child and disembarked in Houari Boumediene
Airport in Algiers, Algeria. According to court documents, Hall did not give
permission to Benhamza to take the child out of the United States, and has
neither seen, nor heard from the child since July 1, 2018.
The charge of international parental kidnapping provides for
a sentence of no greater than three years in prison, three years of supervised
release and a fine of $250,000. Sentences are imposed by a federal district
court judge based upon the U.S. Sentencing Guidelines and other statutory
factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw,
Special Agent in Charge of the Federal Bureau of Investigation, Boston Field
Division made the announcement today. The Salem Police Department provided
assistance with the investigation. Assistant U.S. Attorney Kenneth G. Shine of
Lelling’s Major Crimes Unit are prosecuting the case.
The details contained in the charging documents are
allegations. The defendant is presumed innocent unless and until proven guilty
beyond a reasonable doubt in a court of law.
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