DOJ-OGR-00020080.jpg
765 KB
Extraction Summary
6
People
5
Organizations
3
Locations
1
Events
3
Relationships
4
Quotes
Document Information
Type:
Court filing / legal memorandum (government submission)
File Size:
765 KB
Summary
This page from a government filing (Case 1:20-cr-00330-AJN, U.S. v. Ghislaine Maxwell) argues that the defendant poses a flight risk because French law strictly prohibits the extradition of French nationals. The prosecution refutes the defense expert's claim that there is no precedent for this by citing the 2006 case of Hans Peterson, a dual US-French citizen who committed murder in the US but could not be extradited from French territory (Guadeloupe) despite US efforts.
People (6)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Subject of the legal argument regarding flight risk and extradition; citizen of multiple countries (Contextually Ghis...
|
| Hans Peterson | Example Case Subject |
Dual US/French citizen who committed murder in the US in 2006, fled to Guadeloupe, and could not be extradited due to...
|
| Durbin | U.S. Senator |
Urged French Justice Minister regarding the Hans Peterson case.
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| Schakowsky | U.S. Representative |
Urged French Justice Minister regarding the Hans Peterson case.
|
| Emanuel | U.S. Representative/Mayor |
Urged French Justice Minister regarding the Hans Peterson case.
|
| Defendant's expert | Expert Witness |
Claimed lack of precedent for French refusal to extradite dual US-French citizens.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| European Union |
Mentioned in context of extradition geography.
|
|
| MOJ |
Ministry of Justice (France).
|
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| OIA |
Office of International Affairs (US).
|
|
| NBC News |
Cited via URL.
|
|
| Department of [Justice] |
Recipient of letter from MOJ (text cuts off).
|
Timeline (1 events)
2006
Hans Peterson turned himself in to French authorities in Guadeloupe after committing murder in the US.
Guadeloupe
Locations (3)
| Location | Context |
|---|---|
|
Country seeking extradition.
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|
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Country refusing extradition of nationals.
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|
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Location where Hans Peterson turned himself in.
|
Relationships (3)
Text mentions defendant is a citizen of multiple countries and discusses French extradition law regarding nationals.
Identified as American citizen who committed murder in the US.
Identified as French national; France refused to extradite him.
Key Quotes (4)
"the French Code of Criminal Procedure “absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested.”"Source
DOJ-OGR-00020080.jpg
Quote #1
"France systematically refuses to grant the extradition of French nationals to the American judicial authorities."Source
DOJ-OGR-00020080.jpg
Quote #2
"contrary to the suggestion of the defense submission, any anticipatory waiver of extradition would not be effective under French law"Source
DOJ-OGR-00020080.jpg
Quote #3
"Despite turning himself in to French authorities, Peterson remained beyond the reach of U.S. law enforcement"Source
DOJ-OGR-00020080.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,233 characters)
Case 1:20-cr-00330-AJN Document 100-1 Filed 06/18/20 Page 20 of 36
to other countries outside of the European Union, including the United States. As set forth in
Exhibit B, according to the MOJ, the French Code of Criminal Procedure “absolutely prohibits the
extradition of a person who had French nationality at the time of the commission of the acts for
which extradition is requested.” (Ex. B at 3). That the defendant is a citizen of multiple countries
is of no moment. (See id.). In applying the Bilateral Extradition Treaty between the United States
and France and the “general principle of non-extradition of nationals under French law, France
systematically refuses to grant the extradition of French nationals to the American judicial
authorities.” (Id. at 4). Thus, contrary to the suggestion of the defense submission, any
anticipatory waiver of extradition would not be effective under French law, and would not be
recognizable by French courts in any extradition process, or otherwise enforceable.
Exhibit B, according to the MOJ, the French Code of Criminal Procedure “absolutely prohibits the
extradition of a person who had French nationality at the time of the commission of the acts for
which extradition is requested.” (Ex. B at 3). That the defendant is a citizen of multiple countries
is of no moment. (See id.). In applying the Bilateral Extradition Treaty between the United States
and France and the “general principle of non-extradition of nationals under French law, France
systematically refuses to grant the extradition of French nationals to the American judicial
authorities.” (Id. at 4). Thus, contrary to the suggestion of the defense submission, any
anticipatory waiver of extradition would not be effective under French law, and would not be
recognizable by French courts in any extradition process, or otherwise enforceable.
The defendant’s expert writes that “[i]n the recent past,” he is “not aware that the French
authorities would have had to address the situation in which the United States sought extradition
of a French citizen who was also a United States citizen. Thus, there is no precedent to draw from
in that regard.” (Def. Ex. V. at 2). That is not so. France has previously rejected such a request.
For example, in 2006, Hans Peterson, an American citizen and French national, turned himself in
to French authorities in Guadeloupe and confessed to committing a murder in the United States.
Despite turning himself in to French authorities, Peterson remained beyond the reach of U.S. law
enforcement despite the repeated requests of OIA and U.S. officials. See Durbin, Schakowsky,
Emanuel Urge French Justice Minister To Ensure Justice Is Done During Hans Peterson Retrial
(Nov. 16, 2012), https://www.durbin.senate.gov/newsroom/press-releases/durbin-schakowsky-
emanuel-urge-french-justice-minister-to-ensure-justice-is-done-during-hans-peterson-retrial; see
also Senators’ letter to French government (Mar. 14, 2008),
https://www.nbcnews.com/id/wbna23601583 (citing a letter from the MOJ to the Department of
authorities would have had to address the situation in which the United States sought extradition
of a French citizen who was also a United States citizen. Thus, there is no precedent to draw from
in that regard.” (Def. Ex. V. at 2). That is not so. France has previously rejected such a request.
For example, in 2006, Hans Peterson, an American citizen and French national, turned himself in
to French authorities in Guadeloupe and confessed to committing a murder in the United States.
Despite turning himself in to French authorities, Peterson remained beyond the reach of U.S. law
enforcement despite the repeated requests of OIA and U.S. officials. See Durbin, Schakowsky,
Emanuel Urge French Justice Minister To Ensure Justice Is Done During Hans Peterson Retrial
(Nov. 16, 2012), https://www.durbin.senate.gov/newsroom/press-releases/durbin-schakowsky-
emanuel-urge-french-justice-minister-to-ensure-justice-is-done-during-hans-peterson-retrial; see
also Senators’ letter to French government (Mar. 14, 2008),
https://www.nbcnews.com/id/wbna23601583 (citing a letter from the MOJ to the Department of
17
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