Uncertainty about van der Sloot’s extradition to U.S.

Fox 6 WBRC on January 11, 2012 released the following:

“By Jonathan Hardison

Joran van der Sloot pleaded guilty this morning to the 2010 murder of a young Peruvian woman he met at a Lima casino.

Joran van der Sloot isn’t facing murder charges in Jefferson County, but he does face federal extortion and fraud charges for allegedly extorting $25,000 from Beth Holloway by offering to lead her attorney to Natalee’s body.

The fact that van der Sloot is facing fraud and not murder charges here may complicate efforts to bring him to trial here in the states, especially after today’s confession.

“Yes, I want to plead guilty. I wanted from the first moment to confess sincerely,” van der Sloot told a Peruvian court this morning while confessing to the murder of 21-year old Stephany Flores in a casino in 2010.

Van der Sloot says he flew into a rage after Flores discovered his connection to the Holloway case.

He faces up to 30 years in a prison with a 15-year minimum, but his attorneys are asking for only five years. The ultimate sentence will be decided by a judge Friday.

So what are the chances van der Sloot ever ends up in Alabama to face charges he extorted money from Holloway’s family in exchange for leading them to Natalee’s body?

“We’re really at the mercy of the Peruvian government,” said former federal Judge John Carroll, Dean of Samford’s Cumberland Law School. “International extradition is based on treaties, and we have a treaty that was signed in 1901.”

Carroll says that 1901 treaty lists specific charges that would allow prosecutors to extradite van der Sloot and wire fraud isn’t one of them, that could make it even more difficult to bring van der Sloot here.

“This goes through diplomatic channels, the state department has to be involved,” Carroll said. “They could well say, come back and talk to us when he’s served his five years. Now there could be some negotiations where they say, ‘We’ll let him come to the U.S.’ I think the odds are good, eventually at some point. I think the problem is the Peruvian government, who has custody of him, we’ll say, ‘Look, come talk to us after his sentence is over.'””

Below you may find a current treaty for Peru and the United States, which went into force in 2003.

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Peru here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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