Extradition and Foreign Evidence address extradition defense, foreign evidence law, mutual legal assistance, and transnational crime. The editor of this blog is Linda Friedman Ramirez.
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Update: The Magistrate has now certified Ms. Harshbarger's extradition to Canada to face charges of criminal negligent homicide. March 5, 2009.Previously: Construing 18 USC 3184, a United States Magistrate in Pennsylvania authorized the appearance of the defendant by summons prior to requiring...
Reuters reports that a magistrate in Namibia, has further delayed the extradition hearing of Jacob Alexander, who has been charged in the United States with the back-dating of stock options to defraud shareholders. There is no extradition treaty between the United States and Namibia, but it does...
A Chinese national and fugitive who is living in Canada, has been provided permission to work while his asylum request remains under judicial review. According to the AP, the fugitive is considered a kingpin of criminal activity in China; the PRC has given Canada assurances that he does not face...
Foreign Evidence: Murder Conviction Reversed; Government Failed to Use Due Diligence to Seek Attendance of Deported Witness
A California Court has reversed the conviction in a Murder case, resulting in a life sentence without parole. The prosecution relied on preliminary hearing testimony of a witness later deported. The Court concluded that the prosecution had not been diligent in its efforts to obtain the testimony of...
The Yahoo Corporation has objected to a Belgium Court's order to turn over identifying information of individual Yahoo account holders accused of committing fraud in Belgium. Yahoo complains that Belgium is obligated to obtain such information through a Mutual Legal Assistance treaty between the...
Colombian authorities have arrested 28 family members and the US Ambassador has publicly stated that the US may seek their extradition, according to Colombia Reports. The allegation is that the Orejuela brothers violated their plea agreement to disclose all assets. US Ambassador Brownfield is...
Extraterritorial Application of Law: Dismissal for Possession or Sale of Fish Caught Legally in Nicaragua
The trial court S.D. Fla. did not find that the law provided for extraterritorial applicaiton of the law. U.S. v. Berdeal--- F.Supp.2d ----, January 22, 2009." As a matter of law, the defendants cannot be prosecuted under the Lacey Act for violating §§ 68B-21.003(1) and 68B-21.004(1)(a) of the...
Update: February 26, 2009; Ian Norris continues fight against extradition from the UK to the United States for the remaining charge of obstruction, and continues to argue that his extradition would violate the European Convention on Human Rights. Financial Times.Retired businessman Ian Norris began...
Time Magazine, Tuesday, Feb. 24, 2009, Colombia's Drug Extraditions: Are They Worth It?By John Otis / Bogota. " When he was the king of cocaine, the prospect of doing hard time in an American penitentiary was about the only thing that made Pablo Escobar's blood run cold. Living by the motto "Better...
United States v Rosen, 4th Cir. Feburary 24, 2009."Furthermore, the district court did not err in concluding that the FBI Report is relevant to the defense, as the 18 U.S.C. § 793 offenses in the indictment are predicated in part on the disclosure of the Report’s existence, and on Weissman’s...