As he fights malaria in a Nigerian prison, the U.S. has called for the humanitarian release of American citizen and former IRS agent Tigran Gambaryan. Yet that doesn’t go far enough for his home district congressman, Richard McCormick, and other lawmakers seeking direct U.S. intervention as in a hostage case.

McCormick, (R-GA) has put the pressure on Special Presidential Envoy for Hostage Affairs' Roger Carstens to go all out to orchestrate the release of Gambaryan, an exec for global cryptocurrency exchange Binance who has been lodged in Kuje Prison since February after being invited to Nigeria by his eventual captors. McCormick, who like Gambaryan lives in Suwanee, Georgia, took the opportunity to question Carstens point blank on his constituent's plight during a Thursday, June 13 session of the Committee of Foreign Affairs, where the topic was “The Plight of Americans Detained Abroad.”

Previously, McCormick also joined 16 Congress members seeking U.S. intervention in a June 4 letter to President Joe Biden, Secretary of State Antony Blinken and Carstens. Rep. Michael McCaul, chairman of the House Foreign Affairs Committee, also signed the letter describing “excessive and harsh treatment” during Gambaryan’s incarceration, according to Federal Newswire on June 6. Also from Binance, British-Kenyan colleague Nadeem Anjarwalla, a regional manager of Africa who came to the country with Gambaryan, managed to flee Nigeria but faces the same charges as Gambaryan.

Gambaryan faces money-laundering charges brought by Nigeria’s Economic and Financial Crimes Commission while tax charges have all been dropped, a House Foreign Affairs Committee Majority staffer told Federal Newswire. Reuters reports that Gambaryan, Binance, and Anjarwalla have all pleaded not guilty to money laundering to the tune of more than $35 million. 

On Friday, June 14, Nigeria dismissed all tax charges against Gambaryan, chief of financial crimes compliance for Binance, who will not have to stand trial for the Federal Inland Revenue Service (FIRS) of Nigeria, a House Foreign Affairs Committee Majority staffer said. In addition, the court called for the nullification of all orders requiring service of court processes through Gambaryan, according to the staff member. As per Reuters, Binance named a local representative to handle all the court processes dealing with allegations against the cryptocurrency giant.

The trial is set to resume on Thursday, June 20 after a postponement necessitated by Gambaryan's apparent illness-induced collapse in court on May 23, which prompted louder calls for his release.

As the pressure intensifies to get Gambaryan home to his wife and two children, he remains in a desperate situation that depends on action from the U.S. government for his release, as in a hostage situation, McCormick told the Committee of Foreign Affairs on June 13. He painted a disturbing picture of Gambaryan, an IRS investigator with an impressive record against cyber crime, doing time alongside known terrorists in Kuje Prison. 

McCormick continued the argument put forth in the letter signed by 16 Congress members that Gambaryan qualifies as an American citizen wrongfully detained by a foreign government according to the criteria set forth in the “Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act.”

Named for one of the first hostages in the Iranian crisis, the act was signed into law in 2020 and establishes procedures and entities to deal with the wrongful detainment of U.S. citizens abroad, according to congress.gov. Before his fellow lawmakers, McCormick pressed for Gambaryan’s case to be placed squarely in the hands of Carstens, noting that he is clearly a U.S. citizen being wrongfully held.

“Tigran is my constituent, his wife and two kids. He has received appalling treatment with his rights continually being violated. He wasn’t charged for one month,” he told the Committee of Foreign Affairs, also citing how Gambaryan came to Nigeria on invitation to assist that country. 

Now the malaria he contracted in Nigeria has put Gambaryan at risk for his life. “Despite a court order to the contrary, he has received less than adequate treatment, and it’s time for him to come home,” McCormick said.

As per the Levinson Act, he cited several reasons why Carstens should handle the case, including criticism of Nigeria’s legal system in the Department of State’s 2023 Annual Human Rights Reports, credible evidence of Gambaryan’s innocence, the involvement of journalists and other non-government entities in his case, and inhumane conditions of imprisonment.

Continuing his argument, McCormick also maintained that Gambaryan’s detention is in violation of Nigeria's own laws, that U.S. engagement is likely necessary to secure his release, that Gambaryan’s imprisonment is a “pretense for an illegitimate purpose” and that due process in the case has been significantly impaired.

When asked point blank about Gambaryan under the Levinson Act, Carstens said, “These cases might from the outside seem opaque. It’s hard for people to find out where we are on the map sheet as we go through this, and a lot of that is because the cases are not static. We keep finding information over time.”

Assistant Secretary of State Rena Bitter also responded, saying: “We’ve asked for his humanitarian release because of his malaria.” She did not say the case would be elevated, as McCormick urged, but indicated ongoing dialogue with Carsten’s office regarding the case.

“We are watching the proceedings and watching very closely his health,” she said, citing nine visits from U.S. representatives since his February arrest.

A congressional delegation also plans to visit Nigeria and has requested to see Gambaryan, according to a staffer with the House Foreign Affairs Committee Majority.

Meanwhile, a change.org petition started in March by his wife Yuki continues to move toward its goal of 5,000 signatures and was at 4,710 as of Monday, June 17. Asserting his innocence, she said on the website, “Tigran is renowned worldwide for his dedication to cleaning up the crypto industry and collaborating with governments and stakeholders to combat financial crimes. His efforts have brought down some of history’s most notorious cyber criminals, including drug dealers, human-traffickers and money launderers.”

Hired by Binance to make crypto safer, Gambaryan even trained Nigeria’s EFCC officers on how to combat cybercrime, but these are the very people now holding him, according to his wife, adding “My husband is an innocent man, a pawn in someone else’s game.”