International Prisoner Transfer

Bruce Zagaris

doi:10.1017/CBO9781316258330.013

12 - International Prisoner Transfer

Published online by Cambridge University Press: 05 November 2015

Bruce Zagaris

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Bruce Zagaris: Affiliation:
Berliner, Corcoran and Rowe, Washington, DC

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Summary

Hypotheticals

A. Your law firm is asked to represent Mr. X. In 1988, the U.S. Attorney charged him with tax crimes, wire and mail fraud, and embezzlement from a privately held firm where he was a principal. A few months after the indictment, a publicly held firm was acquired. However, in the previous year, Mr. X. had become a national of the Netherlands and began living in that country. In 1998, the United States commenced extradition proceedings, and finally, in 2004, a Netherlands court ruled that Mr. X. was extraditable. His counsel appealed, but Mr. X. fled the country.

In 2006, Mr. X., now approximately fifty years old, is arrested in Spain and accused of using a false identity. Spanish authorities are also investigating Mr. X. on potential money laundering charges. When his family consults you, Spanish authorities are not yet aware of Mr. X.'s identity. However, they have seized his briefcase, which contains a diary and phone book, and customs officials have noted his American accent.

Mr. X. has two former wives, one of whom resides in the United States with a child they had together. Mr. X's second wife resides in the Netherlands, with two children she had with him. Over the last three years, Mr. X. has had a relationship with a Dutch national, and they want to marry.

Mr. X. says that his goals are to avoid extradition to the United States. If that proves impossible, he wants to ensure that he can serve out any sentence, if convicted, in the Netherlands. How can he accomplish this goal? In particular, what are the pros and cons of (1) returning to the Netherlands to face the false identity charges or (2) returning to the United States from Spain? What about resisting extradition to the United States or vigorously contesting the U.S. charges? Please advise Mr. X.

Would it make any difference if Mr. X. was an opposition party leader, the charges occurred three months before a presidential election, and instead of embezzlement he was accused of fraud in his political commercials? What if he was charged with immigration violations?

Mr. X.'s counsel decides to disclose his identity and advise the U.S. prosecutor that he is willing to surrender voluntarily. However, the U.S. prosecutor advises defense counsel that he is in no hurry to bring Mr. X. back to the United States.

Type: Chapter
Information: International White Collar Crime
Cases and Materials
, pp. 483 - 520

DOI: https://doi.org/10.1017/CBO9781316258330.013 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2015

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References

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U.S. Dept. of Justice, List of Participating Countries in U.S. International Prisoner Transfer Program (http://www.doj.govcriminaloeolinksintlprisonerlists.html).

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12 - International Prisoner Transfer

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