Canadian businessman remains in French jail, accused of distributing Sky ECC cryptophones
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A Paris court has denied bail to businessman Thomas Herdman, who faces charges over distributing encrypted phones that were used by criminals, stating that he is a flight risk and that justice needs to be carried out.The Canadian is charged with 22 offences, including laundering profits from drug trafficking by organised crime through the distribution of Sky ECC encrypted phones. He denies all charges.Belgian and Dutch police broke the encryption of Sky ECC, the worlds largest cryptophone network, and harvested millions of messages between June 2019 and March 2021, resulting in mass arrests of suspected drug gangs in France, Belgium and the Netherlands.French prosecutors have indicted more than 30 individuals who owned or worked for four companies that distributed Sky ECC phones and individual resellers. Sky Globals founder and CEO, Jean-Francois Eap, who continues to live and run businesses in Canada, is among those named on the French indictment.Herdman is understood to be the only individual charged in French custody.At a hearing in a Paris court on 27 February, Herdmans lawyer, Paul Sin-Chan told, the court his client had been cooperating with American authorities, including the Department of Justice (DoJ), the FBI and the US Marshals Service, before he was unexpectedly arrested by French police.Herdman had consistently demonstrated his willingness to work with law enforcement and should not be considered a flight risk, the court heard.Philippe Ohayon, also representing Herdman, said French police were wrong to extradite his client to France while he was working with US law enforcement investigating Sky Global in Spain.Thomas HerdmanThe court heard that the FBI ran a sting operation to trap Herdman. A Department of Justice report disclosed to the court claims that Herdman allegedly sold three Sky phones to undercover officers posing as drug traffickers.The prosecutor acknowledged both Herdmans cooperation and the fact that he had not directly communicated with anyone she said was mafia.Five judges will hear a case against 30 people accused of being involved in the distribution of encrypted mobile phones used by organised criminals at a special criminal court expected to take place in spring 2026 in Paris.The French appeal court judges rejected a petition by Herdman in December 2024 to expedite his case by hearing it in a lower court, after his lawyers argued that there was no evidence that Herman had any direct links to criminality.The defence team said their client was isolated and had lost hope after years of incarceration without trial.When Herdman addressed the court, his voice broke with emotion. He has been detained for nearly four years without trial.His daughter, Julie, who was in the courtroom for the hearing, cried as he spoke of missing four of her birthdays.Herdman asked the court to allow him to fight his case from outside prison. He assured the judges that he had a job and a place to live in France, which demonstrated his ties to the country.I am the breadwinner for my family, and this situation is weighing heavily on them, he said. He told the court that his mother suffered a stroke in December and now requires 24-hour care, further straining the familys finances.Read more about Sky ECCBelgian police raid 200 premises in drug operation linked to breach of encrypted phone network.Police crack worlds largest cryptophone network as criminals swap EncroChat for Sky ECC.Arrest warrants issued for Canadians behind Sky ECC cryptophone network used by organised crime.Cryptophone supplier Sky Global takes legal action over US government website seizures.Sky ECC provided free cryptophones to a Canadian police force.Ex-boxer fights US government over legality of Sky ECC cryptophone intercepts.Dutch lawyers raise human rights concerns over hacked cryptophone data.He rejected allegations that he was involved in illicit activities and told the court he did not own Sky Global and was not an employee of the company.Herdman was hired by LevUp Technologies Inc in 2017 after it won a contract to distribute Sky ECC phones. He described LevUp as a failed business that had never profited from criminal activity.According to my calculations, it only had 1% of Sky Globals customers, he said.His only known link to France, Herdman argued, was a computer server used by Sky Global, which supplied Sky ECC software to resellers, in a French datacentre that he had not even been aware of.He said France was bending its own pre-trial detention rules by holding him for so long without trial. I was extradited from Spain and came here willingly, Herdman said. I am not a flight risk.After a short deliberation, the judges ruled against granting Herdman bail.As officers prepared to take him back into custody, Herdman and his daughter exchanged words I love you before he was led away in handcuffs.Speaking outside the courtroom, Julie said she was baring up given the circumstances. I didnt know what to expect, she said, but my dad and his lawyers did think the bail would be denied, so they were prepared for it.He has 10 days to appeal the decision.Read more about Thomas Herdmans legal battle2010: Jean-Francois Eap founds Sky Global which develops and markets software for use in encrypted phones.2017: Grant Persall, the owner of LevUp Technologies, which had won a contract to distribute Sky ECC phones, hires Thomas Herdman.June 2019: Herdman is first contacted by US undercover agents posing as potential clients.9 March 2021: Belgian police raid 200 premises after infiltrating the encrypted messaging service Sky ECC.11 March 2021: France launches investigation into Herdman.12 March 2021: A grand jury in the Southern District of California indicts Thomas Herdman and Jean-Francois Eap for crimes allegedly committed through Canadian telecommunications company Sky Global. Herdman is alleged to have been involved in distributing telecommunications devices to retailers, which in turn sold a number of phones to individuals who used them for criminal purposes.7 April 2021: Herdman agrees to take part in a proffer session with the US government and US federal agents. He agrees to travel from France, where he is living, to Madrid in Spain for a series of meetings with US law enforcement officials.31 May 2021: A French judge signs a warrant for Herdmans arrest.3 June 2021: Herdman is arrested by Spanish police in Madrid where he has relocated at the request of US prosecutors. He is detained at the Prison de soto del Real-Madrid V.18 June 2021: Herdman is extradited from Madrid to Paris. He is detained in Fleury-Mrogis prison south of Paris.1 August 2024: A French prosecutor recommends Herdman is released on bail of 5m.5 August 2024: Herdman is refused bail.3 September 2024: Herdman is refused bail by the Paris Court of Appeal.5 November 2024: The court orders Herdman to appear at a special criminal court of five judges expected to take place in spring 2025. Out of 30 named individuals in the indictment, Herdman is the only person to have been detained and is expected to appear as the sole defendant.12 December 2024: The appeal court refuses Herdmans application to have his case heard more quickly in the correctional court and denies a bail application.28 February 2025: A Paris court rejects a further bail application from Herdman.
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