Posts tagged with: "international"
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2 Mar 2011, 9:02 am
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]
8 Jan 2013, 1:15 pm
Several years ago, we introduced the International Law Advisor App for the iPhone.
We are thrilled with the enormous amount of interest it has generated.
The International Business Law Advisor App is available as a free download here through the iTunes App Store.
Simply enter the text “International Business Law Advisor” and you’re all set!
Let us know what you think and please share with your friends and colleagues!
[read post]
10 Jan 2013, 8:56 pm
The American Lawyer just did a great piece on how the most successful international law firms operate.
The article, The 7 Key Steps International Law Firms Should Take in 2013 to Ensure Themselves a Bright Future, lists a number of principles that a modern international firm should follow for success in the age of globalization.
While the article is directed at firms with international offices, and firms with hopes of serving domestic clients internationally and… [read post]
19 Jul 2011, 8:00 am
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]
30 Jun 2011, 9:17 am
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]
14 Jul 2011, 7:15 am
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]
19 Jul 2011, 8:05 am
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]
8 Jul 2011, 8:24 am
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]
8 Jul 2011, 8:27 am
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]
20 Jul 2011, 7:20 am
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]
22 Nov 2010, 3:35 pm
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]
2 Nov 2011, 9:41 am
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
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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:
International Extradition – When the FBI Seeks… [read post]
21 Jul 2011, 7:19 am
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 2013, 4:06 pm
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]
15 Jul 2011, 7:22 am
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]
31 Jan 2013, 7:42 am
I will be speaking at the upcoming “International Commercial Transactions: Sales of Goods and Cross-Border Financing” program, to be held at the New England Law | Boston, Center for Business Law on February 21, 2013 (1:00 pm-3:00 pm), discussing Transnational Sales of Goods- CISG.
Here is the program announcement:
Filed under: CISG, International, international commercial arbitration, International Commercial Law, international commercial litigation, international dispute… [read post]
7 Jul 2011, 7:12 am
Persons Who May Execute a Warrant of Apprehension and Places Where Such Warrants May Be Executed
The execution of a warrant of apprehension is not regulated by statute. In addition, Federal Rules of Criminal Procedure, which specify that warrants issued in relation to federal criminal proceedings may be executed by U.S. Marshals, are not applicable to the execution of warrants issued in extradition proceedings. Judges and magistrates, who issue warrants of apprehension, are therefore required to… [read post]
6 Jul 2011, 10:51 am
Offenses Warranting Issuance of a Warrant of Apprehension
Prior to the issuance of a warrant of apprehension, the judge or magistrate, before whom an extradition complaint is filed, must determine whether the offense for which the individual is sought is an extraditable offense. In order to make this determination, the judge or magistrate must review the treaty under which extradition is requested.
A common misunderstanding surrounding extradition is that statutorily a requirement of dual… [read post]
13 Jul 2011, 10:45 am
Release on Bail After Commitment for Extradition
No extradition treaty exists which expressly authorizes release on bail after an individual sought for extradition has been certified as extraditable and committed to jail for that purpose. In addition, no statutory provision exists authorizing bail after commitment. However, courts maintain the inherent authority to grant bail even after an individual is committed for extradition. In many instances bail may be granted or continued if originally… [read post]
20 Jan 2012, 8:54 am
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]