Extradition Treaty Law and Procedure – Part 41

July 21, 2011

Effect of Statute of Limitations

Generally, most United States extradition treaties address the effect of statute of limitations on the extraditability of an individual sought by another country.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 40

July 21, 2011

Seizure and Surrender of Evidence or Fruits of Offense Found Within the United States and in Connection with an Individual’s Request for Extradition

Every United States extradition treaty negotiated after 1884 contains a provision permitting the United States to seize and surrender evidence found in the possession of the fugitive criminal at the time of his or her arrest, to be delivered over to the requesting country. Recent treaties additionally permit: 1) the surrender of such fruits and evidence even if extradition cannot be effected because of the death, escape, and, in some instances, disappearance of the requested individual; 2) the deferral of surrender of articles needed as evidence in a proceeding in the requested country; and 3) requiring the return of such articles when they are no longer needed in the requesting country.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 39

July 20, 2011

Requests Made By More Than One Country for Extradition of Same Person

Most United States extradition treaties include provisions dealing with requests made by more than one country for extradition of the same person. From the late 19th century until around 1950, treaties negotiated during this time gave priority to the first country making a request for extradition. Four variations of the first-in-time request exist and are: 1) the first request received is given priority; 2) the country that receives priority may waive its priority; 3) the first request received is given priority assuming the applicable treaty has no provision-requiring waiver; and 4) either country may withdraw its request.

Post 1960’s extradition treaties vary somewhat by containing provisions giving the requested country discretion as to which request will be given priority by considering several factors. These factors are: 1) the place of commission of the offense or offenses; 2) the relative gravity of the offenses if they are different; 3) the nationality of the requested person; 4) the possibility of re-extradition between the requesting countries; 5) the order of receipt of the requests; and 6) the provisions of the applicable treaty. In addition to these treaties, a large number of post 1960’s treaties grant complete discretion of priority to the requested country. As an exercise of discretionary power, the Secretary of State maintains authority as to which request should be given preference.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 38

July 20, 2011

Restrictions on Re-Extradition to Third Country

Occasionally, a country which successfully extradites an individual from the United States will find itself the subject of an extradition request by a third country of that same individual. In this rare situation, provisions of the extradition treaty, applicable between the United States and the initial requesting country, control whether re-extradition will be permitted. All post-1960’s United States Extradition treaties expressly prohibit re-extradition. However, where the applicable treaty is silent on re-extradition, it appears the decision to permit re-extradition is solely an Executive decision to be made by the Secretary of State.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 37

July 20, 2011

Restrictions on Prosecution or Punishment in Requesting Country for Offense for Which Extradition Not Granted By United States

Statutorily, the Secretary of State is restricted from surrendering a requested individual for an offense for which he was not found extraditable. However, extradition treaties may provide for exceptions. Some exceptions which would permit prosecution or punishment for offenses for which extradition was not granted may be: 1) If an individual fails to leave the country in a timely manner following the completion of his sentence or following an acquittal; 2) If an individual leaves the country following the completion of his sentence or following an acquittal and then returns to the country; 3) If the individual commits an offense following extradition, such as murdering another prisoner while incarcerated; 4) If the requesting country, after proper extradition proceedings makes a formal request to proceed against the extraditee with additional charges (the requesting country would be required to furnish supporting documentation as if the request was made pursuant to an extradition proceeding and the “new” offense for which prosecution is requested would also have to be an offense for which extradition could have been originally granted); and 5) Individuals may be subject to conviction based upon a lesser included offense or an offense based upon the same facts, yet differently denominated, if expressly permitted by treaty.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 36

July 19, 2011

Effect of Serving a Sentence in the United States on an Unrelated Offense

Unless the country requesting extradition has legislation permitting an extraditee to serve a sentence imposed upon him by the United States within that country, extradition proceedings may have to be deferred until the individual completes his incarceration within the United States.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 35

July 19, 2011

Effect of Pending, Unrelated Proceedings in the United States

Those individuals facing unrelated proceedings in the United States are likely to have extradition proceedings deferred until the domestic charges have been disposed of and any sentence imposed has been served.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 34

July 19, 2011

Replacement Treaties and Their Effect on Proceedings Pending Under Prior Treaties

In most situations, the replacement treaty automatically governs proceedings pending under a prior treaty. However, most United States extradition treaties negotiated after the 1970’s include provisions dealing with the application of replacement treaties to individuals facing extradition procedures pending under prior treaties. Generally, these provisions require that proceedings pending at the time the replacement treaty enters into force continue to be regulated by the prior treaty with exception to specific provisions of the replacement treaty, which may deal with temporary extradition, waiver of extradition and definitions of extraditable offenses.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 33

July 18, 2011

Retroactive Effect of Treaty

While the majority of extradition treaties remain silent as to whether they apply to offenses committed prior to their entry into force, United States courts have held that this silence must be construed as having retroactive effect. This is not a violation of the Ex Post Facto clause of the United States Constitution because the treaties do not criminalize acts that were not criminal prior to the execution of the treaty, but merely provide a means by which individuals who committed acts that were offenses at the time of their commission may be held to answer for those offenses.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Extradition Treaty Law and Procedure – Part 32

July 18, 2011

Fiscal Offenses As Extraditable Offenses

The majority of extradition treaties negotiated prior to 1970 do not include as extraditable offenses violations of law relating to taxes, customs, currency controls or the import and export of commodities. However, current practice of the United States is to draft extradition treaties to include such violations. Because other countries have shown a positive attitude towards the inclusion of these offenses, it can only be anticipated that the United States will continue to seek their inclusion in all future extradition treaties.

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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