Subject: RE: Extradition question Date: Tue, 15 Dec 2020 16:11:25 +0000 Attachments: Extradition Section Draft (12.15.20).docx Inline-Images: image003.png; image001.png Attached is the portion of the current draft related to extradition. If there is anything we should discuss or that seems inaccurate in any way, please let us know. Thanks again for your help. Best, From: (UsAnys) Sent: Monday, December 14, 2020 11:52 AM Cc: TS) <n >; nn) <[inne > Subject: RE: Extradition question Thanks, A. | wanted to confirm that this link contains the current extradition act: https://www.legislation.gov.uk/ukpga/2003/41. | know you had sent a PDF of the act, but given the volume of the document, | wanted to include a link instead should the Court choose to take a look. We will let you know if we have any additional questions as we are finalizing the document. Thanks again for all of your help — we really appreciate it. Best Fron: Sent: Monday, December 14, 2020 8:02 AM To: A (USANYS) <i Cc: TS) <n >; nnn) <i > Subject: RE: Extradition question I got caught up in a bunch of stuff on Friday. Do you have additional questions or are you good to go? Thx, US Department of Justice Attaché United States Embassy EFTA00016026

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SBU -LAW ENFORCEMENT From: SS (USANyS) <i Sent: Friday, December 11, 2020 2:42 PM et Cc: TS) <n >; ns ) </i> Subject: RE: Extradition question Thanks, i. Would 10 am work? I’m at 646-612-0825. From: ae Sent: Friday, December 11, 2020 3:40 AM To: AS (USA NYS) <a Cc: TS) <n >; ns ) < [i > Subject: Re: Extradition question Let me know when you get in today and I'll give you a call. I’m around today until around noon your time with one call at 10:30 -11. Sent from a mobile device From: AS (USANYS) <i Sent: Friday, December 11, 2020 6:48:58 AM LS <i Subject: RE: Extradition question Thanks so much, || If you could send along those provisions or any additional thoughts, that would be much appreciated. | also have a few follow up questions. Would you have time for a call sometime Friday, please? Thanks again for your assistance. From: a <i Sent: Thursday, December 10, 2020 6:12 PM 1: TS (SANS) a ; Ss <a Subject: Fwd: Extradition question Begin forwarded message: From: ' Date: December 10, 2020 at 5:36:54 AM EST Ce: "Chadwick, Amanda J (London EFTA00016027

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Subject: FW: Extradition question Here is the feedback from the Crown Prosecution Service. As noted, a consent in the US would not be binding on a court in the UK. (I can pull the relevant Extradition Act provisions cited below) While I suggested in our call this is like the kind of colloquy necessary for a guilty plea, | am reminded that consent to extradited is irrevocable and not appealable — no so with a plea. I will try to write something up today, but my DOJ computer has been acting up. From: Anne-Marie Kundert Sent: Thursday, December 10, 2020 10:22:36 AM (UTC+00:00) Dublin, Edinburgh, Lisbon, London To: rs Cc: Punam Chopra (Sensitive) Subject: RE: Extradition question Dear all The standard principle is that extradition should be sought only where it is necessary and proportionate to do so. If a RP indicated a willingness to fully abide by conditions of bail etc then it would be a matter for the US authorities as to whether to accept those terms. If the RP returned to the UK but then reneged on the deal, then the failure to comply with such undertakings would inevitably lead to a Request for extradition and would be a factor on whether the person a a i] o &. =] m Qa ° = oo 2 ° 5 5 oO c a a fe} a < Hope this helps! Anne-marie Anne-Marie Kundert, Unit Head, Extradition International Justice and Organised Crime Division Crown Prosecution Service SBU -LAW ENFORCEMENT EFTA00016028

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Sent: 09 December 20. : Tk Cc: Punam Chopra (Sensitive) : | §¢ Anne-Marie Kundert Po Subject: RE: Extradition question Thanks for your email. | think the difficulty here is as you mention — th Consent given to the US authorities would not be binding on'the|RPiin | hope that assists — | don’t have a case to hand. Anne-Marie returns tomorrow and may be able to add. Regards BE | unit eas Extradition Unit | International Justice and Organised Crime Division | 102 Petty France | | London | SW1H 9EA | Dx: 161330 Westminster 11 CS From Sent: 09 December 2020 12:16 eee Subject: RE: Extradition question Hi I got a bounce back from Anne-Marie. Any thoughts on this? Many thanks, Sent: Wednesday, Decem - To: Anne-Marie Kundert Cc: Punam Chopra (Sensitive) ay Subject: Extradition question Dear Anne-Marie - I hope you are well. It has been too long since we have talked! I have a UK extradition question which has been raised by a UK citz facing a US crime and currently being detained in the US. The defendant is seeking bail in the US and wants to execute a prophylactic “consent to be extradited” from the UK as proof that he is not a flight risk. EFTA00016029

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My understanding of UK law is that even if a defendant consents to be extradited, a UK judge still has to independently be satisfied that the extradition comports with UK law. So, for instance, if the defendant is released, flees to the UK, and then faces UK extradition, that consent may be evidence, but a UK judge would still have to decide on all factors potentially applicable at the time of the extradition. (The defendant may also claim that his prophylactic consent was coerced by his condition in the US.) Do I have that right? Is there a case or two which I can cite which stands for that proposition? Many thanks! Best, United States Embassy - London This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com SRNR RRR RRR RR HC HCHO RO ROR ROR te te eg the addre 2e and any copy recipients. ipi adv yj by reply e- and any Sriminal is monitored other lawful b b ded to secure EFTA00016030