When the FBI Seeks Extradition…®
International Criminal Defense
The firm's international defense practice is divided into three subsections: (a) Transnational Crimes, (b) International Extradition, and (c) International Crimes.Transnational Crimes
Transnational crimes involve the extension of federal crimes extraterritorially, that is to say, they include the same types of cases as might take place within the United States, but involve actions across two or more national borders. Crimes may include transnational money laundering, trafficking and smuggling, intercontinental financial crimes, or any other U.S. federal offense committed on the international level.
The firm defends those charged with transnational crimes which involve prosecution by, or any form of mutual legal assistance from, the United States government.
International Extradition
Extradition refers to the formal process by which an individual is delivered from the country where he is located, the "requested country," to the country which desires the extradition, the "requesting country," in order to face prosecution, or if already convicted, to serve a sentence. The participants in extradition are therefore the two countries and the individual who is the subject of the proceedings. For example, if Germany is seeking to bring an individual from the United States to Germany for prosecution of an offense that occurred in Germany, then Germany is considered the "requesting" country and the United States the "requested" country. The firm assists from both ends on all international extradition cases where the United States federal government is a party.
Members of the firm also frequently consult on matters involving the inter-relationship between Interpol's "red notice," international extradition treaties, mutual legal assistance treaties, and executive agreements.
International Crimes
Attempts to adjudicate crimes on an international level come in one of two forms: an international criminal tribunal or by way of universal jurisdiction.
There are, to date, only three international criminal tribunals functioning: the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). These courts have jurisdiction to hear cases namely involving crimes against genocide, humanity, and war crimes, as established either by their own statutes or by international treaties relative to the specific crimes.
Universal jurisdiction, on the other hand, occurs when one nation attempts to try an individual for crimes of torture, genocide, war crimes, or crimes against humanity, even if the crimes were committed outside of, and involved no citizen of, that nation. It is, in effect, the assertion of jurisdiction in any court, anywhere, and at any time for these specific crimes.
The firm may assist in defense of one before an international tribunal, may provide some assistance in those crimes which are tried based upon universal jurisdiction, and assists in those cases which involve any form of mutual legal assistance.
United States Criminal Defense
The firm's U.S. defense is divided into three subsections: (a) Federal Crimes, (b) National Security Crimes, and (c) Federal Criminal Appeal.
Federal Crimes
Within the United States, the firm exclusively defends clients charged with federal crimes, with an emphasis on white-collar crimes and drug crimes. Over 99% of the firm's U.S. practice involves defending individuals charged with conspiracy, including mail fraud, wire fraud, bank fraud, money laundering and drug trafficking. Making false statements to the FBI and obstruction of justice charges are also within the firm's defense practice. A defendant charged with a federal crime should be aware of the severity of the Federal Sentencing Guidelines.
National Security Crimes
Although their source is the same as other white collar federal and transnational crimes, national security crimes take on an additional level of seriousness given their nature. National security crimes include the unlawful disclosure of classified information, trading with the enemy, industrial espionage, and many other forms of either financial or subversive activities on both a domestic and transnational level. They are crimes requiring a nuanced defense approach, namely distinguished from other crimes by potentially carrying long prison sentences, substantial fines, and extensive forfeiture provisions.
Federal Criminal Appeal
Federal criminal appellate work is a highly specialized, very complex area of practice, requiring an exhaustive review of all materials presented initially in court and a thorough command of the law. Following a trial, one may wish to appeal on a number of grounds, including ineffective assistance of counsel by previous attorneys, prosecutorial misconduct, and other errors made by the court. In federal criminal cases an appeal goes first to a circuit court of appeal, where a panel of three judges, none of which include the trial judge, review the record of the trial court. And in rare instances the case may finally end up in the Supreme Court of the United States.
The firm has extensive experience in appealing federal criminal cases to the federal circuit courts of appeals and to the Supreme Court of the United States.