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eBook details

• Title: Transnational Criminal Law - Non-Fugitive Foreign Defendant Entitled to Ruling on Motion to Dismiss Indictment for Lack of Jurisdiction Without Surrendering - in re Hijazi.
• Author : Suffolk Transnational Law Review
• Release Date : January 01, 2011
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 291 KB

Description

Challenges to jurisdiction arise when the United States seeks to charge a foreign national under U.S. laws for conduct occurring outside U.S. territorial jurisdiction. (1) Adding to those challenges are situations when the United States does not have an extradition treaty with the country in which the foreign defendant resides; therefore, the defendant is under no legal obligation to appear before a U.S. court. (2) In In re Hijazi, (3) the Seventh Circuit addressed whether a non-fugitive foreign defendant was required to travel to the United States to be arraigned before he was entitled to a ruling on his motion to dismiss for lack of jurisdiction. (4) The court held that the defendant was under no legal obligation to travel to the United States and that he was entitled to a ruling on his motion prior to arraignment. (5) Ali Hijazi, a Lebanese citizen and resident of Kuwait, was indicted in 2005 in the Central District of Illinois for violations of the Major Fraud Act and the Wire Fraud Act for alleged acts in Kuwait. (6) The indictment alleged that Hijazi, and a co-defendant Jeff Mazon, defrauded the U.S. Government by submitting inflated invoices to the U.S. Army under a contract for fuel tankers and related services. (7) Hijazi, who was in Kuwait at the time of the indictment, turned himself over to Kuwaiti authorities. (8) Because the United States and Kuwait do not have an extradition treaty, neither Hijazi nor Kuwait were under any legal obligation to surrender Hijazi to the United States for arraignment. (9)

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