Criminal Law Blog
Wire Fraud and Money Laundering: How Prosecutors Stack Charges to Multiply Your Exposure
Federal prosecutors routinely stack money laundering charges on top of wire fraud because the proceeds from a wire fraud scheme automatically become the basis for separate money laundering counts under 18 U.S.C. § 1956 and § 1957. This charge-stacking strategy can transform a case carrying 20 years of exposure into one carrying decades, because each…
How Do You Challenge an International Extradition Order?
You cannot directly appeal an international extradition order. After a federal judge signs a certification of extraditability under 18 U.S.C. § 3184, the only way to fight it in court is a petition for a writ of habeas corpus under 28 U.S.C. § 2241, filed where you are held, then appealed to the circuit court,…
Extradition vs. Deportation – The Key Differences
Extradition and deportation are two different legal processes that people constantly mix up. Extradition is a criminal procedure that transfers a person accused or convicted of a crime to a country that formally requests them, under 18 U.S.C. sections 3181 to 3196. Deportation, now called removal, is a civil immigration process that forces a non-citizen…
The Dual Criminality Defense In Extradition Cases
Dual criminality is a defense that can stop an extradition when the conduct a foreign country wants to prosecute is not a crime in the United States. If the same acts would not be illegal here, a federal court in Texas can refuse to certify the person for surrender. Most modern U.S. treaties are built…
Can You Get Bail and Bond In International Extradition Cases?
In some cases, you can get bail and bond in extradition cases, but the odds are stacked against you. There is no presumption in favor of release, and the federal Bail Reform Act does not apply, because an international extradition proceeding is not treated as a regular criminal case. A federal judge will set you…
International Extradition: What Happens & How It Works
International extradition is the formal legal process by which one country (the requesting country) asks another country (the requested country) to hand over a person wanted for prosecution or to serve a sentence. In the United States, the international extradition process is treaty-based, runs through both a court and the executive branch, and can take…
Extradition From Mexico to the United States: Everything You Need to Know
Extradition from Mexico to the United States is governed by the 1978 Extradition Treaty between the United States and Mexico, which took effect on January 25, 1980. The United States sends a formal request through diplomatic channels, a Mexican federal judge reviews the evidence, and Mexico’s Foreign Ministry makes the final surrender decision. The process…
The 2025-2026 Mexico Mass Transfers: Does the Rule of Specialty Protect Defendants Sent to the U.S. Without Extradition?
Between February 2025 and January 2026, Mexico sent 92 cartel defendants to the United States in three mass transfers that bypassed the formal extradition process, using an executive expulsion mechanism under Mexican law instead of the 1978 extradition treaty. That difference matters because the rule of specialty, which limits the charges an extradited person can…
The National Capital for Colombian Cocaine Prosecutions: Sherman and Plano TX
More Colombian cocaine traffickers have been extradited to the Eastern District of Texas than to any other federal district in the United States. The federal courthouses handling these cases sit in Sherman and Plano, and they have been receiving extradited Colombian defendants for well over a decade. The cases are built by the Dallas DEA…
Sealed Warrant Border Arrests and the USMS Slow-Transfer Problem
A U.S. citizen or lawful resident can be arrested at a Texas port of entry on a sealed federal indictment they never knew existed, then sit in custody for weeks while the U.S. Marshals Service slowly moves them toward the charging district. The removal waiver signed at the first court appearance gives up only the…
