Posts tagged with: "international"
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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]
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]
7 Jul 2011, 7:05 am
Jurisdiction to Issue a Warrant of Apprehension, Location of Person Sought
Prior to Congressional amendment in 1988, a judge’s or magistrate’s jurisdictional authority to issue a warrant of apprehension had been limited by statute. The complainant was required to have a reasonable and good faith belief that the individual sought could be found within the court’s jurisdiction, yet there was no requirement that the complainant state that the individual sought was definitely within the… [read post]
15 Jul 2011, 7:32 am
Definition of an Extraditable Offense
The method by which extradition treaties have attempted to define extraditable offenses has gone through many mutations. Originally, each treaty listed offenses for which extradition could be granted. Treaties negotiated in the 1960?s and 1970?s combined listings with dual criminality, resulting in treaties that required a listed crime to be one punishable within the United States and the requesting country. From the 1970?s through the early 1980?s,… [read post]
13 Jul 2011, 10:55 am
Issuance of Surrender Warrant by Secretary of State
The Secretary of State is not mandated to surrender an individual upon a showing of extraditability, but is permitted by statute to order the individual be delivered to the authorized agent of such foreign government. This discretion is an important provision in extradition proceedings. As one court of appeals has stated, “[t]he need for flexibility in the exercise of Executive discretion is heightened in international extradition proceedings… [read post]
3 Nov 2011, 3:25 pm
The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any Member Country. This single, uniform patent application is what is referred to as the international application. Filing an international patent application to start the patent process can frequently be a wise move if you are contemplating securing patent rights in multiple countries. It is,… [read post]
24 Feb 2011, 2:16 pm
Click here to watch Julian Assange’s response to the U.K. extradition ruling this morning.
Assange calls the European Arrest Warrant (EAW) system a “rubber-stamp” process that must be stopped and believes the EAW process is being used for unintended purposes in order to quickly extradite individuals between member countries in the European Union (EU).
EAW’s are intended for prosecutorial purposes only, not merely an investigation. The EAW system was implemented in 2004 and over the years… [read post]
15 Jul 2011, 7:27 am
Expenses Associated with Extradition
Statutorily, all expenses born in connection with any extradition proceeding are to be paid by the requesting country. Yet, many treaties implemented after 1960 specifically deal with payment of expenses associated with extradition proceedings. As such, the applicable treaty should be examined.
Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International… [read post]
28 Jan 2013, 8:43 pm
Over at the Harvard Law School Forum on Corporate Governance and Financial Regulation blog, there’s an excellent post for international companies that are looking to acquire a U.S. company.
The post, Checklist for Successful Acquisitions in the U.S., does a great job of itemizing the most important point that must be considered when targeting a U.S. acquisitions.
Among the topics covered in the checklist are the following:
Political and Regulatory Considerations.
Transaction Structures.
CFIUS… [read post]
10 Aug 2011, 8:45 am
The Thai court in Bangkok has started the reconsideration of the decision on extradition of Russian businessman Viktor Bout to the US. Bout’s lawyer filed the relevant demand back in 2010.
Bout was arrested in Thailand in 2008 following the request from the US authorities.
In 2010 he was extradited to New York. His lawyers claim this was done with the violation of the local legislation.
The US accuses Bout of illegal weapon trade but he denied the accusations. The jury court on Bout’s case was… [read post]
4 Mar 2010, 12:26 pm
The American Society of International Law's International Organizations Interest Group has issued its latest Reports on International Organizations (Winter 2010). Current reports highlight legal developments in the African Union (AU); Council of Europe (CoE); the International Maritime Organization (IMO); the Organization for Economic Cooperation and Development (OECD); the Pacific Islands Forum (PIF); the Secretariat of the Stockholm Convention; the United Nations Framework Convention on Climate… [read post]
3 Dec 2010, 3:56 pm
Looks like Prof. Don Anton’s round-up of international law publications will be a useful and timely resource. Don Anton is a professor of international law at the Australian National University College of Law. Anton’s Weekly Digest of International Law Scholarship http://donanton.org/?s=weekly Table of Contents of the latest issue: I. SSRN Legal Scholarship Network & bepress [...] [read post]
29 Mar 2012, 6:54 am
Jurist.org on March 19, 2012 released the following:
“On March 19, 2010, a Guatemalan criminal court ruled that Alfonso Portillo, the former Guatemalan president who served from 2000 to 2004, could be extradited to the US to face money laundering charges. Portillo was indicted for his role in a plot which embezzled $15.8 million from the country’s Ministry of Defense. Portillio had been arrested earlier in the year for a warrant issued by Guatemala based on the US indictment. In October 2008,… [read post]
2 Sep 2011, 3:14 pm
An initial public offering of the International Lease Finance Corporation gives A.I.G. a way to spin off the aircraft leasing business and raise money to pay off its government bailout. [read post]
19 Jul 2011, 7:53 am
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… [read post]
14 Jul 2011, 7:22 am
Authorization of Agent of Foreign Government in Removing Extraditee from United States
It is implied that foreign agents located within the United States may hold extraditees in their custody to effectuate transportation to the requesting country. In practice, however, U.S. Marshall’s generally handle transportation and transfer of all extraditees. When a foreign agent located within the United States is granted custody over an extraditee, U.S. Marshals routinely accompany that agent in order to… [read post]
13 Oct 2011, 11:13 am
The Government has dismissed reports that extradition requests have been sent from the United States for two well-known politicians and three other Jamaicans.
The Jamaica Observer reported today that a highly placed US government official said extradition requests were expected to be delivered to local authorities today.
But speaking at today’s post-Cabinet press briefing, minister with responsibility for information, Daryl Vaz, said no Jamaican government official is aware of any extradition… [read post]
3 Nov 2011, 9:33 am
Abdullah Khadr in 2005
Abdullah Khadr, Omar Khadr’s older brother, will not be extradited to the United States on terrorism charges.
The country’s top court announced Thursday it will not hear an appeal from the Canadian and U.S. governments, which were seeking to have Khadr extradited to the United States, where he is wanted in Boston on charges of supplying weapons to al-Qaida in Pakistan.
Khadr has maintained his innocence.
By refusing to grant leave to appeal the case, the Supreme Court of… [read post]
16 Aug 2011, 10:03 am
Justice Department: Man targeted Midstate law firms in collection scam
A Nigerian man has been extradited to the U.S. and will stand trial for his accused involvement in a collection scam that targeted law firms in the U.S. and Canada including some in the Midstate, authorities said.
Emmanuel Ekhator worked with Yvette Mathurin of Canada to scam law firms into wiring money overseas, according to the Justice Department.
He faces charges that include wire fraud, money laundering and mail fraud.
This… [read post]
22 Mar 2011, 9:56 am
International Extradition Treaties with the United States (Part 17):
Nicaragua Extradition Treaty with the U.S.
Signed on March 1, 1905
Entered into Force on July 14, 1907
Nigeria Extradition Treaty with the U.S. (1935 United Kingdom Treaty)
Signed on December 22, 1931
Entered into Force on June 24, 1935
Norway Extradition Treaty with the U.S.
Signed on June 9, 1977
Entered into Force on March 7, 1980
Pakistan Extradition Treaty with the U.S. (1935 United Kingdom Treaty)
Signed on December 22,… [read post]