DOJ-OGR-00001161.jpg
744 KB
Extraction Summary
1
People
3
Organizations
3
Locations
1
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
744 KB
Summary
This legal document argues that if the defendant, a French citizen, flees to France, she cannot be extradited to the United States. This assertion is based on a confirmation from the French Ministry of Justice, which stated that France has an inflexible principle of not extraditing its citizens to the U.S. The document further supports this claim with legal precedent from the case *United States v. Cilins*, concluding that any extradition waiver signed in the U.S. would be unenforceable in France.
People (1)
| Name | Role | Context |
|---|---|---|
| Cilins | Defendant in a cited case |
Mentioned in the case citation United States v. Cilins, where it was noted he could avoid prosecution by reaching Fre...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Department of Justice’s Office of International Affairs (“OIA”) | Government agency |
Mentioned as the U.S. government body that contacted the French Ministry of Justice regarding extradition policies.
|
| French Ministry of Justice (“MOJ”) | Government agency |
Contacted by the U.S. OIA, it provided a letter confirming that France does not extradite its citizens to the United ...
|
| European Union | Supranational organization |
Mentioned in the context that France does not extradite its nationals to countries outside the European Union.
|
Timeline (1 events)
2013-07-19
A ruling in the case United States v. Cilins was made, which is cited as precedent that France refuses to extradite its citizens.
S.D.N.Y.
Locations (3)
| Location | Context |
|---|---|
|
The country of which the defendant is a citizen and which does not extradite its citizens to the United States.
|
|
|
The country seeking the defendant's extradition and where an extradition waiver would be executed.
|
|
|
The Southern District of New York, the court district for the cited case United States v. Cilins.
|
Relationships (1)
The Government (United States)
→
Inter-governmental
→
French Ministry of Justice
The U.S. Government, through its Office of International Affairs, formally contacted the French Ministry of Justice to clarify a legal matter (extradition), and the French MOJ responded with a formal letter.
Key Quotes (2)
"because of these waivers and other factors, it is highly unlikely that she would be able to resist extradition successfully,"Source
— defendant’s own experts
(A conclusion from the defendant's experts, cited from a motion (Mot. at 27), which the document argues still leaves open the possibility of avoiding extradition.)
DOJ-OGR-00001161.jpg
Quote #1
"Because France refuses to extradite its citizens, Cilins can avoid prosecution on this Indictment if he can reach French soil."Source
— Court in United States v. Cilins
(Quoted from a 2013 S.D.N.Y. case to support the argument that reaching France would bar prosecution for a French citizen.)
DOJ-OGR-00001161.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,220 characters)
Case 1:20-cr-00330-AJN Document 100-2 Filed 12/18/20 Page 19 of 36
the jurisdiction of her choosing (i.e., the one to which she chose to flee). The Department of Justice’s Office of International Affairs (“OIA”) is unaware of any country anywhere in the world that would consider an anticipatory extradition waiver binding. Indeed, the defendant’s own experts’ conclusion—that “because of these waivers and other factors, it is highly unlikely that she would be able to resist extradition successfully,” (Mot. at 27)—leaves open the possibility that she could avoid extradition.
Such an outcome is virtually a certainty as to France, a country of which the defendant is a citizen and which does not extradite its citizens to the United States. To confirm this fact, after receiving the Renewed Bail Motion, the Government, through OIA, contacted the French Ministry of Justice (“MOJ”) to clarify whether there is any circumstance under which France would extradite a French citizen to the United States. In response, the MOJ provided the Government with a letter setting forth the relevant law and conclusively stating that France does not extradite its citizens to the United States. That letter in its original French, as well as an English translation of the letter, are attached hereto as Exhibit B. In that letter, the MOJ makes clear that France does not extradite its nationals outside the European Union (regardless of the existence of dual citizenship), including to the United States, and has never derogated from that principle outside the European Union. See Ex. B; see also United States v. Cilins, No. 13 Cr. 315 (WHP), 2013 WL 3802012, at *2 (S.D.N.Y. July 19, 2013) (“Because France refuses to extradite its citizens, Cilins can avoid prosecution on this Indictment if he can reach French soil.”).
In other words, even assuming the Government could locate the defendant, if she flees to France, her citizenship in that country will completely bar her extradition. Any purported waiver of extradition executed in the United States would not be enforceable against the defendant in France because French law embodies an inflexible principle that its citizens will not be extradited
16
DOJ-OGR-00001161
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document