Book contents
- Frontmatter
- Contents
- 1 Introduction
- 2 Taxation
- 3 Money Laundering and Counterterrorism Financial Enforcement
- 4 Transnational Corruption
- 5 Transnational Organized Crime
- 6 Export Control and Economic Sanctions
- 7 Extraterritorial Jurisdiction
- 8 International Evidence Gathering
- 9 Extradition and Alternatives
- 10 International Prisoner Transfer
- 11 The United Nations
- 12 The World Bank Group
- 13 INTERPOL
- 14 Economic Integration and Business Crimes
- Index
- References
10 - International Prisoner Transfer
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- 1 Introduction
- 2 Taxation
- 3 Money Laundering and Counterterrorism Financial Enforcement
- 4 Transnational Corruption
- 5 Transnational Organized Crime
- 6 Export Control and Economic Sanctions
- 7 Extraterritorial Jurisdiction
- 8 International Evidence Gathering
- 9 Extradition and Alternatives
- 10 International Prisoner Transfer
- 11 The United Nations
- 12 The World Bank Group
- 13 INTERPOL
- 14 Economic Integration and Business Crimes
- Index
- References
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.
- Type
- Chapter
- Information
- International White Collar CrimeCases and Materials, pp. 365 - 401Publisher: Cambridge University PressPrint publication year: 2010
References
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, International Prisoner Transfer (Dec. 2004).
, Transfer of Prisoners under International Instruments and Domestic Legislation (1993).
, A Critical Evaluation of the American Transfer of Penal Sanctions Policy, 61 Wis. L. Rev. 25 (1980).Google Scholar
& , A Critical Evaluation of the Mexican-American Transfer of Penal Sanctions Treaty, 64 Iowa L. Rev. 275 (1979).Google Scholar
, International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgements, in II International Criminal Law: Multilateral and Bilateral Enforcement Mechanisms 529 ( ed., 2009).Google Scholar
, Council of Europe-Legal Cooperation in 1982, Repatriation of Foreign Prisoners, Y.B. Eur. L. 306 (1982).Google Scholar
, 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
& , Transfer of Prisoners: Policies and Practices of the United States, in II International Criminal Law: Procedural and Enforcement Mechanisms 505 (M. C. Bassiouni ed., 1999).
, Intervention of Constitutional Powers: The Prisoner Transfer Treaties, 1 Fla. J. Int'l L. 203–225 (1986).Google Scholar
, The European Convention, in II International Criminal Law: Procedural and Enforcement Mechanisms 563 ( ed., 2d ed. 1999).Google Scholar
, American Prisoners in Foreign Prisons: The Prisoner Transfer Treaties, 2 Dick. J. Int'l L. 331, 337 (1984).Google Scholar
, Constitutional Problems in the Execution of Foreign Penal Sentences: The Mexican-American Prisoner Transfer Treaties, 90 Harv. L. Rev. 1500 (1977).Google Scholar
, Prisoner Transfer Treaties: Need for the Elimination or Modification of the Retention Provision, 13 Cal. W. Int'L. L.J. 321 (1983).Google Scholar
, Rosado V. Civiletti, 8 Syracuse J. Int'l L. & Com. 186 (1980).
, Voluntary and Intelligent Consent to Transfer under Prisoner Exchange Treaty Estops Habeas Corpus Relief, 54 Temp. L.Q. 357 (1981).Google Scholar
, 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).
& , The United States Treaties on Transfer of Prisoners: A Survey 17 Pac. L.J. 823–862 (1986).Google Scholar
, A Constitutional Analysis of the Prohibition against Collateral Attack in the Mexican–American Prisoner Exchange Treaty, 26 Ucla L. Rev. 1 (1978).Google Scholar
, 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
& , Due Process Methodology and Prisoner Exchange Treaties: Confronting an Uncertain Calculus, 62 Minn. L. Rev. 732 (1978).Google Scholar
, A Reply to “A Critical Evaluation of the Mexican-American Transfer of Penal Sanctions Treaty,” 64 Iowa L. Rev. 325 (1979).Google Scholar
& , 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).