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744 KB
Extraction Summary
2
People
4
Organizations
2
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / court document (government response to bail motion)
File Size:
744 KB
Summary
This document is page 19 of a legal filing (Document 100) from the US Government in the case against Ghislaine Maxwell (Case 1:20-cr-00330-AJN), filed on June 18, 2020. The prosecution argues that Maxwell poses a flight risk because she is a French citizen, and French law strictly prohibits the extradition of its own nationals to the United States. The document references a letter from the French Ministry of Justice confirming this policy and notes that any extradition waiver signed by the defendant would be unenforceable in France.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Referred to as 'the defendant'; document discusses her potential flight to France and citizenship status. (Name impli...
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| Cilins | Defendant in cited case |
Cited in United States v. Cilins regarding French non-extradition policies.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| Department of Justice’s Office of International Affairs |
OIA; contacted French authorities regarding extradition laws.
|
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| French Ministry of Justice |
MOJ; confirmed France does not extradite citizens to the US.
|
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| European Union |
Mentioned regarding French extradition policies.
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| United States District Court S.D.N.Y. |
Southern District of New York (implied by case citation).
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Locations (2)
| Location | Context |
|---|---|
|
Country of defendant's citizenship; safe haven from extradition.
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|
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Prosecuting country seeking to ensure defendant stands trial.
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Relationships (1)
Text states 'a country of which the defendant is a citizen'
Key Quotes (3)
"France does not extradite its citizens to the United States."Source
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Quote #1
"her citizenship in that country will completely bar her extradition."Source
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Quote #2
"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-00020079.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,218 characters)
Case 1:20-cr-00330-AJN Document 100 Filed 06/18/20 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-00020079
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