Posts tagged with: "international"
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7 Jul 2011, 7:16 am by McNabb Associates, P.C.
Procedure Following Apprehension Because the Federal Rules of Criminal Procedure do not apply to extradition matters, individuals detained pursuant to a warrant of apprehension are not required to be brought to the nearest judge or magistrate to answer the complaint. By statute, the individual whose extradition is sought may be brought before the judge or magistrate who issued the warrant. Although the U.S. Supreme Court has addressed this issue and held that an individual apprehended in one state… [read post]
28 Jan 2014, 10:15 am by Antonin Pribetic
CILSC I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law School on Saturday, 1 February 2014 from 9:30 AM to 6:00 PM (EST). Here are the event details: Event Details The CILSC provides a forum for law students, academics, practitioners, and leaders in the field to exchange ideas about Canada’s… [read post]
4 Nov 2011, 12:56 pm by McNabb Associates, P.C.
Douglas McNabb, an expert lawyer in federal criminal defense and international extradition, discusses the federal criminal and international extradition issues arising from Viktor Bout’s conviction. ————————————————————– Douglas McNabb – McNabb Associates, P.C.’s International Extradition Lawyers Videos: International Extradition – When the FBI Seeks Extradition International Extradition – Wire Transfer – Email – Telephone… [read post]
20 Jul 2011, 7:20 am by McNabb Associates, P.C.
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… [read post]
2 Nov 2011, 10:15 am by McNabb Associates, P.C.
Douglas McNabb discusses the legal strategy that the U.S. may use to get WikiLeaks’ Julian Assange extradited from Sweden in an expeditious manner. Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation. ————————————————————– Douglas McNabb – McNabb Associates, P.C.’s International Extradition Lawyers… [read post]
6 Jul 2011, 10:55 am by McNabb Associates, P.C.
Relevance on the Place Where the Offense was Committed Statutorily, the issuance of a warrant of apprehension is limited to instances where the complaint charges the individual sought with committing the alleged crime while within the jurisdiction of the requesting country. This narrow approach, however, has been questioned by several United States courts now willing to expand the interpretation of jurisdiction to take into account the nationality of the offender, the nationality of the victim, the… [read post]
19 Jul 2011, 8:00 am by McNabb Associates, P.C.
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… [read post]
2 Mar 2011, 9:02 am by McNabb Associates, P.C.
Lawyer: Extradition for Houston day care fugitive may not be easy Douglas McNabb discusses the Houston case where a Houston day care operator Jessica Rene Tata has apparently fled to Nigeria on Saturday, and could possibly face international extradition proceedings between Nigeria and the United States. Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List… [read post]
30 Jun 2011, 9:17 am by McNabb Associates, P.C.
Extradition by Treaty or Legislative Authorization Aside from a limited class of cases authorized as part of the 1996 antiterrorism bill, the authority to extradite an individual from the United States to a foreign country is governed by the existence of a treaty with the foreign government seeking extradition (Title 18 U.S.C. § 3181(a)). Enacted in 1948, this statutory provision simply codified a prior Supreme Court holding stating, “while a government may … voluntarily exercise the power to… [read post]
20 Jan 2013, 4:06 pm by Santiago A. Cueto
Grant Thornton management consulting recently released its Global Dynamism Index. The popular index ranks countries based on 22 indicators. At the top of the list is Singapore. The United States came in as the 10th best country in the world for  growing a business. While  United States ranked ahead of France, China and Japan it fell behind South Korea, Germany and Israel, among others. Here’s the full list: Singapore Finland Sweden Israel Austria Australia Switzerland South… [read post]
14 Jul 2011, 7:15 am by McNabb Associates, P.C.
Effect of Delay in Removal from the United States There is a two-”calendar”-month time period within which an individual, detained and awaiting extradition, is to be removed from the United States. If such removal does not timely occur, the extraditee may, upon application to any court, request discharge from custody. If reasonable notice of the extraditee’s intent to make such an application is given to the Secretary of State and such notice is proven up in the court, the judge has… [read post]
22 Nov 2010, 3:35 pm by Sergio Stone
Bringing Fairness to International Justice: a Handbook on the International Criminal Court for Defense Lawyers in Africa Jolyon Ford Pretoria (Tshwane),: Institute for Security Studies, 2009 http://www.iss.co.za/uploads/LAWYERSHANDBOOKICC.PDF From the Introduction: Consider the following six brief and related statements:   1. Impunity and inaction in response to the most serious crimes of concern to the international [...] [read post]
19 Jul 2011, 8:05 am by McNabb Associates, P.C.
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… [read post]
2 Nov 2011, 9:41 am by McNabb Associates, P.C.
Wikileaks founder Julian Assange has lost his appeal against extradition to Sweden. In its Judgment today the High Court held that Mr. Assange should be extradited to Sweden. Julian Assange -v- Swedish Prosecution Authority summary Julian Assange -v- Swedish Prosecution Authority approved judgment ————————————————————– Douglas McNabb – McNabb Associates, P.C.’s International Extradition Lawyers Videos: International Extradition – When the FBI Seeks… [read post]
8 Jul 2011, 8:24 am by McNabb Associates, P.C.
Release from Custody Pending Extradition Determination While individuals apprehended for extradition have no statutory right to bail, the U.S. Supreme Court has been unwilling to hold that Circuit Courts possess no power to grant bail. It is recognized that where the individual detained for extradition is able to demonstrate the existence of “special circumstances”, lower courts have the inherent power to grant bail. Douglas McNabb and other members of the firm practice and write extensively on… [read post]
15 Jul 2011, 7:22 am by McNabb Associates, P.C.
Escape After Apprehension, Commitment, or Surrender Statutorily, escapees may be retaken in the same manner as any person accused of any crime. Escape is a misdemeanor punishable by imprisonment for up to one year and/or a $1000.00 fine. Realistically though, prosecuting the extraditee for escape would be unlikely, unless the extraditee committed any other serious offense while free. Extradition proceedings only occur for offenses that which rise to the level of felonies. Therefore, any subsequent… [read post]
8 Jul 2011, 8:27 am by McNabb Associates, P.C.
Judicial Officer Authorized to Conduct the Extradition Hearing Although it would appear from statutory language that the only judicial officer authorized to conduct the extradition hearing would be that which originally issued the warrant, the Supreme Court in 1902 held that the evidence of criminality may be heard by other judges, justices, or magistrates. Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice… [read post]
21 Jul 2011, 7:19 am by McNabb Associates, P.C.
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… [read post]
20 Jan 2012, 8:54 am by McNabb Associates, P.C.
The Washington Post on January 19, 2012 released the following: “By Associated Press TEGUCIGALPA, Honduras — Honduras’ congress has approved legislation to allow extradition of its citizens charged elsewhere with drug trafficking, terrorism and organized crime. Starting Feb. 1, the Central American nation will be able to sign extradition treaties with other countries, including the United States, which has sought the change. Lawmakers agreed Thursday that Hondurans charged with high-level… [read post]
20 Jul 2011, 7:26 am by McNabb Associates, P.C.
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… [read post]