Joran van der Sloot challenges extradition to U.S.

May 9, 2012

CNN on May 9, 2012 released the following:

“From Mayra Cuevas, InSession

(CNN) — Joran van der Sloot told a judge and prosecutor Tuesday that he would prefer to finish serving a 28-year murder sentence in Peru rather than be extradited to the United States to face charges related to the disappearance of Natalee Holloway, his Peruvian lawyer said.

Representatives from the U.S. Embassy and the FBI attended the extradition hearing, which was not open to the public, Maximo Altez told InSession on Tru TV.

A conviction in the United States could affect van der Sloot’s chances of being paroled in Peru, said Altez. He noted that a long-standing extradition treaty between the two countries means that van der Sloot will likely be extradited, despite his stated preference about remaining in Peru.

Peruvian judges in January sentenced the Dutchman to 28 years in prison for the murder in 2010 of Stephany Flores. He is also the prime suspect in the disappearance of Holloway. U.S. authorities want to try van der Sloot on charges of extortion and wire fraud in the Holloway case.

“I think he will be extradited within the next three months,” Altez said last month. “He will go to trial in the United States. Once he is sentenced, he will return to Peru to finish serving his 28 years, and then go back to the States to serve whatever sentence he gets there.”

In June 2010, a federal grand jury in Alabama indicted him after allegations that he tried to extort $250,000 from Holloway’s mother, Beth Holloway. Van der Sloot offered to provide what turned out to be bogus information about the whereabouts of Holloway’s remains in exchange for the money, according to the indictment.

He was allegedly given $25,000, which authorities say he used to travel to Peru for a poker tournament.

If found guilty of extortion, he could be sentenced to 25 years in prison.

Van der Sloot admitted to killing Flores, 21, in his Lima hotel room. The judges gave him a sentence two years short of the 30-year maximum. They ordered he be expelled from Peru at the end of his sentence and required him to pay about $74,500 in reparations to Flores’ relatives.

Van der Sloot confessed to robbery in addition to murder, admitting that he stole Flores’ belongings, including more than $300 in local currency, credit cards and the victim’s van as a means to leave the country. He fled to Chile and was arrested a few days later.

Another van der Sloot attorney, Jose Luis Jimenez, has said that his client was under special stress the day of the 2010 murder, which marked five years after Holloway, an 18-year-old from Alabama, disappeared while vacationing on Aruba.

Van der Sloot, who was among the last people reported to have been seen with Holloway, was detained twice but never charged in the case.

“The world had been against him for five years before this case, for a murder he said he never committed and for which there is no evidence whatsoever,” Jimenez has said.

Investigators have said they believe van der Sloot killed Flores after she found something related to the Holloway case on his computer while visiting him in his hotel room. The two met while van der Sloot was in town for the poker tournament.

Judges described how Flores hit van der Sloot in the face after reading the item on Holloway, leading him to hit her in the face with his elbow. Flores fainted and van der Sloot tried to strangle her, but she was still breathing, so he suffocated her with his shirt.

Van der Sloot then tried to clean the room by removing the sheets and changing his bloodied shirt, they said.

He was caught in a taxi near the Chilean central coastal city of Vina del Mar.

Holloway’s body has not been found, and no one has been charged in relation to the case in Aruba.

About 6½ years after Holloway was last reported seen, in May 2005, she was declared legally dead.”

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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 Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Peru Approves First Step Toward Extradition Of Joran Van Der Sloot

April 24, 2012

TheBostonChannel.com on April 23, 2012 released the following:

“From Mayra Cuevas InSession

(CNN) — The process to extradite Joran van der Sloot from Peru to the United States to face criminal charges has begun, according to Maximo Altez, van der Sloot’s Peruvian attorney.

Peruvian judges in January sentenced the Dutchman to 28 years in prison for the murder in 2010 of Stephany Flores. He is also the prime suspect in the disappearance of American Natalee Holloway. U.S. authorities want to try van der Sloot on charges of extortion and wire fraud in the Holloway case.

According to court documents obtained through Altez, a Peruvian judge has approved a U.S. request for provisional detention. This is the first step in the extradition process between Peru and the United States. The document says a formal extradition request has yet to be submitted, but will follow.

The document names the U.S. Embassy as a party in the proceedings. InSession reached out Monday for comment but did not receive a response. The Peruvian Justice Ministry also did not return a request for comment.

The only hold-up to the extradition is van der Sloot’s appeal, which should be finished in about a month, Altez said.

“I think he will be extradited within the next three months,” said Altez. “He will go to trial in the United States. Once he is sentenced, he will return to Peru to finish serving his 28 years, and then go back to the States to serve whatever sentence he gets there.”

In June 2010, a federal grand jury in Alabama indicted him after allegations that he tried to extort $250,000 from Holloway’s mother, Beth Holloway. Van der Sloot offered to provide what turned out to be bogus information about the whereabouts of Holloway’s remains in exchange for the money, according to the indictment.

He was allegedly given $25,000, which authorities say he used to travel to Peru for a poker tournament.

If found guilty of extortion, he could be sentenced to 25 years in prison.

Van der Sloot admitted to killing Flores, 21, in his Lima hotel room. The judges gave him a sentence two years short of the 30-year maximum. They ordered he be expelled from Peru at the end of his sentence and required him to pay about $74,500 in reparations to Flores’ relatives.

Van der Sloot confessed to robbery in addition to murder, admitting that he stole Flores’ belongings, including more than $300 in local currency, credit cards and the victim’s van as a means to leave the country. He fled to Chile and was arrested a few days later.

Another van der Sloot attorney, Jose Luis Jimenez, said his client was under special stress the day of the 2010 murder, which marked five years after Holloway, an 18-year-old from Alabama, disappeared while vacationing on Aruba.

Van der Sloot, who was among the last people seen with Holloway, was detained twice but has not been charged in the case.

“The world had been against him for five years before this case, for a murder he said he never committed and for which there is no evidence whatsoever,” Jimenez said.

Investigators have said they believe van der Sloot killed Flores after she found something related to the Holloway case on his computer while visiting him in his hotel room. The two met while van der Sloot was in town for the poker tournament.

Judges described how Flores hit van der Sloot in the face after reading the item on Holloway, leading him to hit her in the face with his elbow. Flores fainted and van der Sloot tried to strangle her, but she was still breathing, so he suffocated her with his shirt.

Van der Sloot then tried to clean the room by removing the sheets and changing his bloodied shirt, they said.

He was caught in a taxi near the Chilean central coastal city of Vina del Mar.

Holloway’s body has not been found, and no one has been charged in relation to the case in Aruba.

About 6½ years after Holloway went missing in May 2005, Alabama Probate Judge Alan King signed an order declaring the teenager legally dead.”

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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

————————————————————–

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

————————————————————–

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 C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


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

January 12, 2012

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

————————————————————–

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

————————————————————–

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.