Extradition for Bribery: What to Expect for International Cases
Extradition for Bribery: What to Expect for International Cases
Getting charged with bribery can be scary enough, but facing extradition to another country raises the stakes even higher. As business increasingly crosses borders, more individuals and companies are finding themselves caught up in international bribery allegations. So what exactly does extradition for bribery entail, and what should you expect if you ever find yourself in this situation?
The Basics of Extradition
Extradition is the process where one country transfers someone accused of a crime to another country for prosecution and trial. There has to be an extradition treaty between the countries setting out the rules and procedures. Most extraditions relate to serious crimes like murder, drug trafficking, or fraud.
Bribery and corruption are considered serious crimes in most countries these days. With growing global crackdowns, extradition for bribery cases is becoming more common. Countries like the US and UK are leading the charge, but others are also stepping up prosecutions.
Key Extradition Considerations for Bribery
Every extradition case has its own unique factors, but some key things to consider for bribery include:
- Where did the alleged bribery take place? The country wanting extradition usually needs to show a clear link to their territory.
- What are the penalties if convicted? Some countries may refuse extradition if penalties seem disproportionate.
- What evidence exists to support the allegations? Solid evidence is required for most extraditions.
- Does the accused have any defenses, like duress or entrapment? This may prevent extradition in some cases.
- What effect would extradition have on health or family obligations? Humanitarian concerns can sometimes halt or delay extradition.
Proving “dual criminality” is also key – the alleged conduct has to be considered criminal in both the country seeking extradition and the country handing over the individual. This is usually straightforward for bribery cases as most countries have similar laws.
The Extradition Process Step-By-Step
While the details vary between countries, a typical extradition for bribery follows these basic steps:
- Investigation and charges – Authorities in one country (like the US) start investigating alleged bribery that took place abroad. Once evidence is gathered, they file formal criminal charges.
- Provisional arrest request – The country files a request to provisionally arrest the accused before making the full extradition request. This prevents the person fleeing.
- Extradition request – A formal request is made through diplomatic channels, supported by evidence outlining the allegations and charges.
- Review and arrest – The requested country reviews the extradition request and evidence. If approved, local authorities arrest the accused.
- Extradition hearing – A hearing takes place before a judge where the prosecution must show there are valid grounds for extradition.
- Appeals process – If the court approves extradition, the accused can appeal through the court system. But appeals rarely succeed.
- Surrender and transfer – Once all avenues are exhausted, the requested country hands over the accused to the requesting law enforcement agents.
- Prosecution in requesting country – The accused faces criminal prosecution and trial under the laws of the requesting country.
Fighting Extradition for Bribery
Facing criminal charges and extradition for bribery can be incredibly stressful. But all hope is not lost – there may still be defenses worth pursuing. Common strategies include:
- Challenging the evidence and allegations at the extradition hearing.
- Arguing exceptions in the extradition treaty apply.
- Claiming humanitarian reasons like health or family commitments prevent extradition.
- Asserting the statute of limitations has expired under the laws of requesting country.
- Maintaining the alleged conduct does not actually constitute bribery under the laws of requesting country.
An experienced legal team can analyze the case and identify any viable defenses based on the specific facts and jurisdictions. While extradition hearings are usually pretty summary, it’s still crucial to test the allegations at this stage. Securing dismissal of the extradition request is extremely rare, but fighting extradition could potentially buy time or increase leverage in negotiating an eventual settlement.
What Happens If Extradited for Bribery
If ultimately extradited and facing bribery charges abroad, preparing an aggressive defense strategy becomes critical. Options to consider include:
- Attacking procedural flaws or jurisdiction issues in the prosecution.
- Contesting the strength and reliability of evidence presented.
- Presenting counter evidence showing legitimate business reasons for payments.
- Advancing defenses like duress, entrapment, or lack of intent.
- Seeking to suppress illegally obtained evidence.
- Pursuing plea bargain negotiations for a reduced sentence.
The penalties for bribery can potentially include massive fines and years in prison. Building the strongest case possible and exploring settlement options early on is key. An attorney knowledgeable in both the complexities of international bribery laws and the requesting country’s specific legal system can prove invaluable.
And if facing charges abroad seems scary, requesting a prison transfer back home through prisoner exchange treaties is sometimes an option down the road. The process is discretionary and competitive, but strong family and community ties back home can help.
How to Reduce Bribery and Corruption Risks
Getting caught in the middle of an international bribery storm can torpedo both careers and companies. But some helpful ways businesses can aim to reduce risks include:
- Conducting thorough due diligence on agents, partners and investments abroad.
- Implementing and enforcing an anti-bribery and corruption compliance program.
- Providing regular anti-corruption training to employees.
- Performing in-depth audits of foreign operations.
- Creating safe reporting channels for whistleblowers.
- Instituting incentive structures that discourage bribery.
Staying abreast of evolving international anti-bribery laws is also a must in today’s global economy. While miscues can still happen despite the best efforts, companies need to take corruption risks seriously. Getting charged with bribery is bad enough – facing extradition abroad to places with unfamiliar legal systems escalates the stakes even further.
