Posts tagged with: "international"
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7 Jul 2011, 7:12 am by McNabb Associates, P.C.
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]
7 Aug 2013, 9:23 am by Santiago A. Cueto
 Our firm is currently assisting in the prosecution of an international white collar crime matter.   The allegations read like a James Bond novel and are so outlandish that film rights are being discussed. Like I said, this is interesting stuff. The thrust of the case centers on an international financial  institution  that uncovered a would-be depositor’s scheme to launder money through a network of international banks. While the case covers jurisdictions around the… [read post]
5 Jul 2011, 7:34 am by McNabb Associates, P.C.
Complaint for Warrant of Apprehension The initial step in the apprehension of an individual sought for extradition is the presentment of a charging document, commonly known as the complaint. The complaint, not unlike those routinely presented in state and federal courts may differ somewhat in the specificity of the information required to be included. Although courts have imposed several requirements on the contents of such complaints, applicable treaties control and could materially effect a… [read post]
6 Jul 2011, 10:51 am by McNabb Associates, P.C.
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]
28 Jan 2013, 8:43 pm by Santiago A. Cueto
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]
27 Jan 2013, 8:52 pm by Santiago A. Cueto
I work with a variety of business clients that have their own logistics departments to coordinate their international shipping operations. For many companies, however, having an in-house logistics department can really put a dent in a company’s bottom line. That’s why third party logistics providers or 3PLs have become so valuable. In selecting a 3PL, a company (the shipper) will usually broadcast a request for proposal or RFP. An RFP  works as an executive summary of what’s… [read post]
3 Dec 2010, 3:56 pm by Sergio Stone
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 Table of Contents of the latest issue: I. SSRN Legal Scholarship Network & bepress [...] [read post]
7 Jul 2011, 7:05 am by McNabb Associates, P.C.
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 by McNabb Associates, P.C.
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 by McNabb Associates, P.C.
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]
13 Jul 2011, 10:45 am by McNabb Associates, P.C.
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]
4 Mar 2010, 12:26 pm by Jacob Katz Cogan
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]
13 Jul 2011, 10:59 am by McNabb Associates, P.C.
Scope and Content of Surrender Warrant Issued by Secretary of State Authorization is given to the Secretary of State to surrender the individual to be “tried” for the offense or offenses for which he has been found extraditable. Absent treaty language at least insinuating that a convicted individual serve his sentence in the requesting country, it appears the Secretary of State can only authorize the individual be surrendered for trial. In addition, the Secretary of State may only order the… [read post]
18 Jun 2012, 7:16 am by McNabb Associates, P.C.
Times Online on June 15, 2012 released the following: “Associated Press The lawyer for a British suspect linked to the Lulz Security hacking collective said Friday that she’d fight any moves to have her client tried in an American court. A federal indictment filed Tuesday accused the 20-year-old of hacking into sites for the talent competition “The X-Factor,” “PBS NewsHour,” Sony Pictures and others. The sites were hit at the beginning of a months-long attack spree claimed by LulzSec,… [read post]
6 Jul 2011, 10:48 am by McNabb Associates, P.C.
Issuance of a Warrant of Apprehension Title 18 United States Code § 3184 generally authorizes any state judge, federal judge or magistrate to issue a warrant of apprehension in connection with a certificate of extraditability. Practically speaking though, nearly all warrants are issue by United States district court judges and magistrates. As a precursor, nearly all extradition hearings are conducted by such judges and magistrates. Ordinarily, the issuance of a warrant of apprehension must be… [read post]
3 Nov 2011, 3:25 pm by Gene Quinn
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]
14 Jul 2011, 7:22 am by McNabb Associates, P.C.
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]
25 Jan 2011, 8:39 am by McNabb Associates, P.C.
U.S. investigators have been unable to find evidence directly linking WikiLeaks founder Julian Assange and Bradley Manning, the army private suspected of passing on confidential documents to the whistleblowing website, according to a report last night. Jim Miklaszewski, NBC News’s chief Pentagon correspondent, reported sources inside the U.S. military as saying they could detect no contact between Manning and Assange. Evidence shows that Manning downloaded thousands of files and passed them to an… [read post]
2 Sep 2011, 3:14 pm by By DEALBOOK
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]
15 Jul 2011, 7:27 am by McNabb Associates, P.C.
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]