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Since 1981 * Representing Foreign Nationals: State and Federal Criminal Defense, Regulatory Matters, and Administrative Proceedings. For additional information go to Linda Friedman Ramirez P.A. at: www.spanishlaw.com
Extradition of individuals charged with White Collar Crime present a number of challenging issues. Not the least of which is whether government officials might use the extradition process to seek relief in a business transaction. More to follow.
Extraterritorial Jurisdiction: What are the Limits?
There appears to be a trend by the US Congress and American courts to allow for the prosecution in US Courts, for acts occuring outside US territory. This is also known as "Extraterritorial Jurisdiction". Our blog tracks court decisions relevant to these issues. See USA v Angulo-Hernandez, Dissenting opinion.
Since September 1985, the International Enforcement Law Reporterhas analyzed the premier developments in both the substantive and procedural aspects of international enforcement law. Read by practitioners, academics, and politicians, the IELR is a valuable guide to the complex and dynamic field of international law.
Cultural Issues in Criminal Defense, 2d. Ed.
See Chapters on Extradition, Foreign Evidence and Fourth Amendment Issues
Extradition Law Basics for Criminal Defense Lawyers
Criminal defense attorneys will discover that extradition law issues have an increasing relevance to their practice. Not infrequently, foreign nationals who have criminal charges pending abroad are found and arrested in the United States for extradition. Similarly, a growing number of the foreign nationals who are being prosecuted in American courts have been brought to the United States through the extradition process.
Defending an Extradition from the United States (Part I).
Generally, in the absence of an extradition treaty, there is no duty to extradite. The extradition of an alleged criminal from within the United States to a foreign country is governed by the relevant extradition treaty, the procedures as set forth in 18 U.S.C. § 3181 et seq, and principles of customary international law. The extradition treaty, as a duly ratified treaty entered into by the United States, is federal law pursuant to U.S. CONST. art. VI. § 2. “Each extradition treaty between the United States and a foreign nation is sui generis, and as a contract between two sovereigns, sets forth its own law.” It is essential for counsel to have an accurate copy of the relevant extradition treaty, and any protocols that may have amended the original treaty or extradition convention. Each extradition treaty has been negotiated separately, some treaties are much older than others, and each treaty may be worded differently. For a list of all treaties in force, see http://www.state.gov/s/l/treaty/treaties