DOJ-OGR-00002180(1).jpg
734 KB
Extraction Summary
2
People
4
Organizations
3
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Court filing / legal memorandum (government opposition to bail)
File Size:
734 KB
Summary
This page from a government filing (Case 1:20-cr-00330-AJN, likely USA v. Ghislaine Maxwell) argues that the defendant poses a significant flight risk because she is a French citizen. The document details that the US Government confirmed with the French Ministry of Justice that France will not extradite its nationals to the US, rendering any 'extradition waiver' signed by the defendant unenforceable if she flees to France.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Subject of the bail hearing and flight risk assessment; noted as a French citizen. (Case 1:20-cr-00330-AJN correspond...
|
| Cilins | Defendant in cited case law |
Referenced in United States v. Cilins regarding France's refusal to extradite citizens.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Department of Justice’s Office of International Affairs |
US government body handling international extradition matters.
|
|
| French Ministry of Justice |
French government body that confirmed France does not extradite citizens to the US.
|
|
| The Government |
The entity opposing the bail motion.
|
|
| European Union |
Mentioned regarding extradition treaties and boundaries.
|
Timeline (2 events)
Locations (3)
| Location | Context |
|---|---|
|
Country of defendant's citizenship; non-extradition safe haven.
|
|
|
Jurisdiction seeking prosecution.
|
|
|
Southern District of New York (court jurisdiction cited in case law).
|
Relationships (2)
text states 'France, a country of which the defendant is a citizen'
Government, through OIA, contacted the French Ministry of Justice
Key Quotes (4)
"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."Source
DOJ-OGR-00002180(1).jpg
Quote #1
"France does not extradite its citizens to the United States."Source
DOJ-OGR-00002180(1).jpg
Quote #2
"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."Source
DOJ-OGR-00002180(1).jpg
Quote #3
"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"Source
DOJ-OGR-00002180(1).jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,218 characters)
Case 1:20-cr-00330-AJN Document 100 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.
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.”).
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
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-00002180
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document