Sunday, May 15, 2005
With globalization, more and more international issues are arising in the area of white collar crime. The issue this time is whether price-fixing is a basis for the extradition of a British executive. (see New York Times here) Extradition requires adherence to the double criminality rule and rule of speciality. The double criminality rule requires that the crime exist in both countries (the country from where the individual is being extradited and the country receiving the extradited person). The rule of speciality speaks to making certain that the person extradited is charged and tried only for the crimes for which they are extradited. Exceptions and clarifications exist to both of these principles, including treaties that can play a role here. In the most recent case, the issue is whether the treaty is in effect, and whether the treaty was intended for terrorism cases as opposed to its application here to an individual accused of a white collar antitrust offense.