Extradition of White-Collar Criminals
The lawyers at Schlun & Elseven Rechtsanwälte are at your side when you are confronted with extradition.
Extradition of white-collar criminals refers to the complex legal process by which individuals accused or convicted of non-violent financial crimes are surrendered to another country to face charges or serve a sentence. Extradition treaties typically govern this process and can differ immensely depending on the countries involved.
Facing the risk of extradition carries profound consequences for the individual involved, impacting both their professional and personal life. Especially in recent times, white-collar criminals have faced notably harsh prosecution accompanied by considerable media coverage as authorities intensify efforts to address financial misconduct and uphold public trust in the wake of high-profile cases. In such critical situations, the presence of expert legal support becomes indispensable. At Schlun & Elseven, we prioritize securing our clients’ freedom while protecting their privacy and devising discreet solutions. For swift legal support, please contact us promptly through our secure and transport-encrypted contact form.
White-Collar Crimes: Definition and Examples
“White-collar crime” was first coined by sociologist Edwin Sutherland, who defined it as “a crime committed by a person of respectability and high social status in the course of their occupation”. The FBI defines white-collar crimes as „those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence.” White-collar offences tend to involve substantial sums of money and take place over an extensive period.
The most common offences include:
- fraud,
- bribery,
- corruption,
- embezzlement,
- forgery,
- cybercrime,
- Ponzi schemes,
- identity theft,
- insider trading or
- money laundering.
About Extradition
Extradition describes the complex and time-consuming procedure of handing over a criminal defendant or suspect from one jurisdiction to another to face charges. Extradition treaties between countries regulate this cooperative law enforcement procedure. In this regard, there is a requesting country (the state looking for a suspect to be transferred to them) and a requested country (another sovereign jurisdiction where the suspect apparently is located). The requesting country needs to make a formal request to the requested country; this request must include evidence of the suspect’s identity, information about the charges the suspect is facing and the possible penalty if they are going to be convicted. The requested country can now investigate and review the evidence or question witnesses to decide whether they want to extradite the suspect.
In general, countries are not obliged to extradite an alleged criminal to another country because every sovereign nation has legal authority over the people located in its territory. However, since extradition can be of mutual interest, numerous states have concluded extradition treaties. Most extradition treaties cover certain aspects:
- Crimes that warrant extradition must be sufficiently serious (this can be determined by a list of offences or the set time of prison sentence) and qualify as a crime in both countries,
- The anticipated penalty must be reasonable and
- The suspect needs to face a fair trial in the requesting country, and the suspect must not be faced with the death penalty.
Special Case: The European Union
The European Union harmonized extradition rules in 2004 by introducing the European Arrest Warrant, which is valid in every member state of the Union. It was introduced to harmonize and optimize the extradition process between member states and to eliminate lengthy proceedings. The increased ease of extradition under the European Arrest Warrant emphasizes the importance of seeking specialized legal counsel for individuals facing white-collar charges. This is also reinforced by the fact that the European Arrest Warrant has been and still is susceptible to abuse by member states.
Extradition Defense
Our team is dedicated to providing professional legal aid against any extradition request related to an alleged white-collar offense. Possible lines of defence include:
- Challenging the adequacy of evidence.
- Questioning the potential political motivations behind the charges.
- Asserting that our client may not be the intended individual.
- Expressing concerns about a fair trial in the requesting country.
Our Interpol and Extradition Lawyers offer extensive expertise in managing extradition requests, focusing on cases involving corporate executives, managers, financial professionals, and government officials. Our goal is to secure a denial of the extradition request, preventing any possibility of retrial in the requesting country for the same alleged crime.
Schlun & Elseven: Expertise in White-Collar Extradition Cases
At Schlun & Elseven, our dedicated team of Interpol and Extradition Lawyers understands the complexities involved in White-Collar Extradition Cases and recognizes the unique challenges these cases pose. Our commitment to discretion is an integral part of our work – ensuring that sensitive details remain confidential while we work diligently to ensure a thorough and effective defence for our clients in the face of extradition. Contact us now through our secure and transport-encrypted contact form to book a consultation appointment with our team.
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„Extradition & Interpol Lawyer – by Schlun & Elseven“ is a website for the Extradition & Interpol Taskforce of the renowned German Law firm Schlun & Elseven. Due to our extensive experience in worldwide extradition Law and various Interpol cases, we can offer full-service legal advice and comprehensive support you can trust.
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