Case Study

Extradition Specialists Case Study: Written by Brown Mcleod’s CEO and was featured in the Rotheram Gazette in the UK, April, 2018.

 

Case Summary:

A landmark international extradition legal case saw a US legal team closely supported by our very own legal support services firm “Extradition Specialists” defeat two major Governments, saving a 54-year-old man from international extradition and a most probable life-ending term in prison far away from his family in a foreign country.

 

Extradition Specialist’s very own “A Team” of forensic accountants, accountants, computer scientists, legal professionals, paralegals, industry professionals and translators, went into the case in Michigan, USA with a very slim chance of saving a US Permanent resident from being extradited to Germany to face trial on 19 charges. [Check and write relevant details of CJP charges of approx. 15 million Euros as detailed in German arrest warrant including the charge of probable cause.]

The victory against the US and German Governments was described by a leading US criminal defense lawyer as “the best performance by highly qualified, knowledgeable and eloquent witness that I have seen in 40 years during my time as a criminal defense attorney”, referring to Extradition Specialist’s lead forensic accountant who appeared in court as a witness for the defense.

A key witness and forensic accountant from Extradition Specialists resides in the UK, but also maintains a home in New England, USA, stated the case came about after a criminal defense lawyer contacted our firm Extradition Specialists in London, regarding a severely disabled Londoner who was living as a permanent resident in the USA, and who had been arrested by over a dozen US Marshalls at gunpoint at his home in Michigan jailed and was awaiting extradition to Germany accused of fraud against a major European conglomerate. This was after a company based in Germany and previously owned by the accused had collapsed and was accused of owing money to the conglomerate.

The accused denied all charges, stating that the major European conglomerate, were in fact totally to blame for the firm’s failure.

A team from Extradition Specialists met up with the accused’s US attorneys’ legal team who flew across the pond to meet at Extradition Specialists London offices.

After discussions on this complex international extradition case, which involved the countries: Germany, USA, Singapore & the UK, the accused’s US legal team requested Extradition Specialist’s immediate specialist assistance to come on board and support the accused’s defense team, with market specific knowledge relating to the accused’s international extradition warrant.

The first supporting action Extradition Specialists provided, was helping the accused defense legal team provide to the court the necessary documentation and medical experts testimony to successfully achieve the bonding out the accused from jail which is rare feat at extradition hearings, in order the accused could continue to reside at his own residence during the upcoming extradition hearing, based on health grounds.

Our lead forensic accountant, said: “The US lawyers explained and confirmed that it would be extremely rare for a US court to deny an extradition warrant to a country such as Germany, and even if we could refute the Germans' case, we would still only probably have less than a five per cent chance of blocking the extradition. Also the additional stress that the accused faced, would mean that he would probably die in jail whilst waiting to stand trial. This was due to the accused’s medical condition which required constant monitoring and access to much needed specialized medication.”

Our firm’s staff located and examined and presented to the court many thousands of relevant documents and evidence. After presentation to the court, it appeared that the German case could be flawed, as the prosecution had missed many vital and crucial pieces of evidence, which, when presented to the US Court, could mean that the prosecution’s international extradition request had the excellent possibly of being denied.

Extradition Specialists team traced over six million Euros of monies having been missed and subsequently repatriated back to Germany, the also team collated evidence clearly showing that the remaining sum could have been incurred for legitimate business costs.

Hundreds of hours were spent compiling a detailed forensic audit report, which was sent to both the prosecution side and to the court.

Our firm’s incredible computer scientist did a phenomenal job resurrecting the system that our client had in place, our scientist presented the company’s system which clearly showed the effectiveness regards how the system was implemented, operated and made considerable savings to the company this computer scientist also spent several hours presenting his evidence and findings to the court which totally and incredibly tore apart the prosecution case.

Our legal teams defense lawyers requested the federal magistrate to allow our expert professionals to take the witness stand to explain why the German case was flawed. 

The government lawyers attempted to block the move, arguing that extradition should go ahead and, if relevant, the evidence that had been collated by Extradition Specialists and presented by the accused’s legal team should only be heard before the German court at a full trial.

The magistrate finally agreed after skillful argument was presented by the defense team with documentary support by Extradition Specialists and it was so ordered that expert witnesses should be allowed to testify at the international extradition hearing. The magistrate would only consider new evidence if it would destroy the German case.

It was made clear by the magistrate that anything less than that, would mean that extradition would be granted, and we would have to argue our case in Germany.

Extradition Specialist’s expert witnesses presented their findings to the court and were in turn all given an extremely tough cross-examination from both the Government’s attorneys and at times from the bench for a full day. It was clear by the end of the day that this “additional evidence” that had been presented by our firm had been well presented and extremely well received by the magistrate.

The head defense lawyer for the accused said “it was the best performance by a team of expert witnesses that he had seen in his 40 years as a criminal defense attorney. Of course, it is a lot easier to give a great testimony, when the evidence is on your side.”

After the defense rested it was clear that the defense team had done a good job. However, the defenses chief lawyer said it was still a long shot, bearing in mind to block an extradition from a country such as Germany was a very rare occurrence. 

The rule is basically simple, unless the defense can destroy the prosecution case, extradition goes ahead. That is why using an American football analogy, that bringing on special teams are vital to win at the appropriate time.

The judge agreed to review the evidence, but because of the complexity and the seriousness of the case, would give his judgement at a later date - it came several months later and ran to 45 pages.

The accused won on all

“The key element in the judgement read that the prosecution’s case had been proven to be ‘indisputably incorrect by a staggering amount’ and that ‘both the German Government and United States Government now admit so.”

As it rightfully should be, the credit for winning this case, goes to the accused’s defense’s legal team. Behind the scenes our firm knows the valuable back-up support that we brought to the case. Extradition Specialists succeeded in focusing on our job that we were assigned to do. Which was bringing the necessary extradition knowledgeable team together and uncovering vital documentation in vital support of the defense’s legal team with the input of many weeks, of diligent detective work behind the scenes by brilliant professional individuals that Extradition Specialists employ from around the globe. Our high caliber extradition team help make the difference in this case and enabling us to get a win for the person that really matters “The Client.”

Extradition to Germany in this extradition case was denied by the U.S. Secretary of State. The client is now living as a free man, enjoying the rest of his life living the American dream in the balmy year-round climate of the Florida Keys with his family.