U.S. Extradition Lawyers Wednesday, July 20, 2011 2
Post 1960's extradition treaties varysomewhat by containing provisionsgiving the requested countrydiscretion as to which request will be given priority by consideringseveral factors. These factors are:1) the place of commission of theoffense or offenses; 2) the relativegravity of the offenses if they aredifferent; 3) the nationality of therequested person; 4) the possibilityof re-extradition between therequesting countries; 5) the order of receipt of the requests; and 6) the provisions of the applicable treaty.In addition to these treaties, a largenumber of post 1960's treaties grantcomplete discretion of priority tothe requested country. As anexercise of discretionary power, theSecretary of State maintainsauthority as to which requestshould be given preference.To find additional global criminalnews, please readThe Global Criminal Defense Daily.Douglas McNabb and other members of the U.S. law firm practice and write extensively onmatters involving Federal CriminalDefense, INTERPOL Red NoticeRemoval, International Extraditionand OFAC SDN List Removal.The author of this blog is DouglasMcNabb. Please feel free to contacthim directly firstname.lastname@example.org or at one of the offices listed above.
McNabb Associates, P.C. (U.S. ExtraditionAttorneys)
Submitted at 4:15 PM July 20, 2011
Attorneys for John Demjanjuk want an American court inCleveland to set aside the rulingthat led to his deportation toGermany and his conviction on Nazi war crimes charges.Demjanjuk, 91, is a former American who gained notorietyafter being accused of Nazi War crimes numerous times. He wasconvicted by a German court onMay 12, 2011 of 28,060 counts of accessory to murder. The courtfound that he served as a guard atthe Nazi’s Sobibor death camp inoccupied Poland. He wassentenced to 5 years in prison.The request for a new hearing onthe retired autoworker'sdenaturalization could bring thedecades-old case back to the UnitedStates.Demjanjuk's attorneys charge thatthe government failed to discloseimportant evidence, namely a 1985secret FBI report uncovered by TheAssociated Press that indicates theFBI believed a Nazi ID card purportedly showing Demjanjuk served as a death camp guard was aSoviet-made fake."The government has kept thesematerials hidden from view,"according to the motion filedTuesday in U.S. District Court inCleveland.Ukrainian-born Demjanjuk was aSoviet Red Army soldier captured by the Germans in 1942. TheMunich court found he agreed toserve the Nazis as a guard atSobibor.Demjanjuk denies serving as aguard at any camp and is currentlyfree pending his appeal. He's beenin poor health for years and has been in and out of a hospital sincehis conviction.He currently cannot leaveGermany because he has no passport, but he could get a U.S. passport if the denaturalizationruling is overturned.A message seeking comment wasleft with federal prosecutors onWednesday.A federal judge in Clevelandopened the door for the newchallenge in May by appointing a public defender to representDemjanjuk and indicating that hecould revive his U.S.denaturalization case based on the1985 FBI report."It is the responsibility of thecourt to insure the integrity of court proceedings," said the order fromU.S. District Court Judge DanPolster. "There has already beenone confirmed instance of fraudagainst the court in the firstdenaturalization trial."But the judge also has saidDemjanjuk must serve his sentencein Germany.Eli Rosenbaum, director of theU.S. Justice Department's specialinvestigations unit, discounted theFBI report during a speech inCleveland last month.He said the report was based onspeculation by an FBI agent whotalked with a travel agent whosuggested the Nazi ID was a fake."The agent bought it, hook, lineand sinker," Rosenbaum said,according to The (Cleveland) PlainDealer.In a 1993 review of the Americandenaturalization hearing that led toDemjanjuk's extradition to Israel, aU.S. appeals panel concluded thatthe U.S. Justice Department's Nazi-hunting unit engaged in"prosecutorial misconduct thatseriously misled the court" bywithholding evidence."How is it, then, that especiallyafter a finding of fraud on the courtfor failure to disclose keyinformation about the true identityof Mr. Demjanjuk, the governmentstill failed to turn over to thedefense a recently declassifiedMarch 4, 1985 memorandum,"Demjanjuk's attorneys said in themotion for a new hearing on thedenaturalization.Demjanjuk's defense attorneyshave repeatedly claimed that thecard and other evidence againsthim are Soviet forgeries. The FBIreport provided the first knownconfirmation that Americaninvestigators had similar doubts.