Articles Posted in Extradition

Ryan Lochte has been front and center in the news this past week, and not for his achievements at the Rio Olympics. Unfortunately, he has learned that social media and statements made exaggerating what occurred has made things quite complicated for Mr. Lochte. Speedo has ended their almost decade long relationship and Mr. Lochte has lost other endorsement deals over what occurred, and its aftermath.

Mr. Lochte has hopefully learned that less is more when it comes to a multitude of things. First, it does appears that perhaps less celebrating that evening would have helped his woes. One witness has been quoted as saying he was “altered”. Second, stating what happened in simple terms with zero embellishing would have drastically improved the situation. Going on social media and talking it about it with Matt Lauer were not good choices. Social media can be very dangerous in cases where criminal charges are contemplated. Less is more should be a mantra that all of us should follow when it comes to public statements which is what social media basically is.

But the biggest question is whether Lochte will be extradited back to Brazil for any of the alleged crimes that may have occured there. If an indivdual is accused of committing a crime in another country, the country where the crime was committed may have a right to require the accused to return back for prosecution. There is an extradition treaty between the United States and Brazil. If there was no treaty in place, then the US would not need to address the issue at all.

Extradition is defined as the surrender of a person by a State to another State for prosecution or punishment.  States usually will work with one another to extradite individuals facing serious charges.  For example, if a person is facing a murder arrest warrant in NY and is arrested in Georgia for an unrelated charge, then NY will request GA to extradite that individual to face the charges in NY.  An attorney in GA can help the client decide whether or not to fight extradition and a lawyer in NY can help the client face the murder charges.  Conaway & Strickler, PC, fortunately, is licensed to practice in both NY and GA and would be able to advise the client on both ends.  

Internationally, extradition is essentially the same thing.  The Northern District of Georgia can issue a warrant for an individual and if that person is picked up in another country where there exists an extradition treaty, then the US government can request extradition of that individual to face charges in the US court.  It is important to note that not only is an extradition treaty required with the foreign country, but it must only be for certain offenses.  For example, if a country doesn’t believe in the death penalty, it will deny the extradition request from the US if the US is seeking an individual facing a capital offense.  

Both Meg Strickler and Dan Conaway have spoken extensively about Interpol Red Notices and Domestic Extradition.  Ms. Strickler was also recently cited concerning fugitive banker, David Drumm.

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