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

Show author details

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

Book contents

Get access

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.

Information

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

References

Abbell, Michael, International Prisoner Transfer (Nijhoff) (2010).Google Scholar

Plachta, Michal, Transfer of Prisoners under International Instruments and Domestic Legislation (1993).Google Scholar

Abramovsky, Abraham, A Critical Evaluation of the American Transfer of Penal Sanctions Policy, 61 Wis. L. Rev.25 (1980).Google Scholar

Abramovsky, Abraham & Engels, Stephen, A Critical Evaluation of the Mexican-American Transfer of Penal Sanctions Treaty, 64 Iowa L. Rev.275 (1979).Google Scholar

Abdul-Aziz, Mohamed, International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgements, in II International Criminal Law: Multilateral and Bilateral Enforcement Mechanisms 529 (M. C. Bassiouni ed., 2009).Google Scholar

Bartsch, Hans-Jürgen, Council of Europe-Legal Cooperation in 1982, Repatriation of Foreign Prisoners, Y.B. Eur. L. 306 (1982).Google Scholar

Bassiouni, M. C., Perspectives on the Transfer of Prisoners between the United States and Mexico and the United States and Canada, 11 Vand. J. Transnat'L L.249 (1978).Google Scholar

Bassiouni, M. Cherif & Gallagher, Grace M. W., Transfer of Prisoners: Policies and Practices of the United States, in II International Criminal Law: Procedural and Enforcement Mechanisms 505 (Bassiouni, M. C. ed., 1999).Google Scholar

Dunlap, William V., Dual Criminality in Penal Transfer Treaties, 29 Va. J. Int'l L.813 (1989).Google Scholar

Emanuel, Ronald M., Intervention of Constitutional Powers: The Prisoner Transfer Treaties, 1 Fla. J. Int'l L.203–225 (1986).Google Scholar

Epp, Helmutt, The European Convention, in II International Criminal Law: Procedural and Enforcement Mechanisms 563 (M. C. Bassiouni ed., 2d ed. 1999).Google Scholar

Note, American Prisoners in Foreign Prisons: The Prisoner Transfer Treaties, 2 Dick. J. Int'l L.331, 337 (1984).

Note, Constitutional Problems in the Execution of Foreign Penal Sentences: The Mexican-American Prisoner Transfer Treaties, 90 Harv. L. Rev.1500 (1977).CrossRef

Note, Prisoner Transfer Treaties: Need for the Elimination or Modification of the Retention Provision, 13 Cal. W. Int'L. L.J.321 (1983).

Note, Rosado V. Civiletti, 8 Syracuse J. Int'l L. & Com.186 (1980).

Note, Voluntary and Intelligent Consent to Transfer under Prisoner Exchange Treaty Estops Habeas Corpus Relief, 54 Temp. L.Q.357 (1981).

Paust, Jordan, The Unconstitutional Detention of Prisoners by the United States under the Exchange of Prisoners Treaty, in International Aspects of Criminal Law: Enforcing United States Law in the World Community 204 (Richard B. Lillich ed. 1981).

Pisani, Robert L. & Simon, Theodore, The United States Treaties on Transfer of Prisoners: A Survey 17 Pac. L.J.823–862 (1986).Google Scholar

Robbins, Ira P., A Constitutional Analysis of the Prohibition against Collateral Attack in the Mexican – American Prisoner Exchange Treaty, 26 Ucla L. Rev.1 (1978).Google Scholar

Schaffer, T. M., Justice with Mercy: The Treaties with Canada and Mexico for the Execution of Penal Judgments, 4 Brook. J. Int'l L.246 (1978).Google Scholar

Stotzky, Irwin P. & Swan, Alan C., Due Process Methodology and Prisoner Exchange Treaties: Confronting an Uncertain Calculus, 62 Minn. L. Rev.732 (1978).Google Scholar

Vagts, Detlev, A Reply to “A Critical Evaluation of the Mexican-American Transfer of Penal Sanctions Treaty,” 64 Iowa L. Rev.325 (1979).Google Scholar

Williams, Sharon, Consular Access to Detained Persons, 29 Int'l & Comp. L.Q.239, 249 (1980).CrossRef Google Scholar

Zagaris, Bruce & Walsh, Maureen T., The United States-Mexico Treaty on the Execution of Penal Sanctions: The Case for Reevaluating the Treaty and Its Policies in View of NAFTA and Other Developments, 2 Sw J. L. & Trade Am.385–450 (1995).Google Scholar

U.S. Dept. of Justice, office of Enforcement Operating, Guidelines for Evaluating Applications for Transfer (http://www.usdoj.govcriminaloeolinksintlprisonerguidelines.html).

U.S. Dept. of Justice, office of Enforcement Operating, Prisoner Transfer Information for Americans Incarcerated Abroad (http://www.usdoj.govcriminaloeodocsamericans.arrested.pdf).

U.S. Dept. of Justice, Transfer of State Prisoners (has the state statute and state contact person for prisoner transfers) (http://www.usdoj.govcriminaloeolinksintlprisonertransferhtml).

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

Accessibility standard: Unknown

Why this information is here

This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.

Accessibility Information

Accessibility compliance for the PDF of this chapter is currently unknown and may be updated in the future.