Extradition from India to the United States—Internet Prescriptions

A Temple University graduate student and a Florida salesman have been convicted by a federal jury on charges that they operated an illegal international Internet pharmacy that dispensed drugs such as morphine, codeine, Xanax, Valium, Prozac, and Viagra without requiring a prescription.^[1] The two men are part of what federal authorities call a 17-person conspiracy.^[2] The Temple University defendant is Akhil Bansal, who was studying for a master’s degree in health-care administration, and he was convicted on drug conspiracy, money laundering, and operating a continuing criminal enterprise charges.^[3] The last charge carries a statutory minimum sentence of no less than 20 years in prison.^[4]

Mr. Bansal’s co-defendant, Fred Mullinix, is a salesman and Web operator from Sarasota, Florida, and he too was convicted on drug conspiracy and money laundering charges. Three other defendants are expected to stand trial in June, and after that trial, Mr. Bansal and Mr. Mullinix will be sentenced.^[5] Seven other individuals have pleaded guilty, four more have been arrested in India, and one more has been arrested in Canada.^[6]

Mr. Bansal’s father, Brij Bansal, is a licensed doctor in India.^[7] He is one of those in India who has been arrested in India, and is facing extradition proceedings to have him brought to face trial for his alleged role in the conspiracy.^[8] Brij Bansal is accused of supplying the presecription drugs to Akhil Bansal, who then forwarded them to Mr. Mullinix.^[9] In an apparent expectation that the elder Bansal will be extradited to the United States, the defense argued in the closing arguments that Brij Bansal was a legitimate doctor with an export license, as well as bringing up questions about whether the evidence introduced against Mr. Bansal and Mr. Mullinix at trial was obtained through proper procedures.^[10] Though the arguments obviously failed, the issue is preserved for appeal.

Under the extradition treaty between the United States and India, extradition can be had for any offense which is punishable in both countries by deprivation of liberty for more than one year.^[11] India cannot refuse extradition based on nationality concerns,^[12] and when the United States formally makes its request, if it has not done so already, it must provide the following things:

• documents, statements, or other types of information which describe the identity and probable location of the person sought;
• information describing the facts of the offense and the procedural history of the case;
• a statement of the provisions of the law describing the essential elements of the offense for which extradition is requested;
• a statement of the provisions of the law describing the punishment for the offense; and
• the following documents, statements, or other types of information:
  • a copy of the warrant or order of arrest, issued by a judge or other competent authority;
  • a copy of the charging document, if any; and
  • such information as would justify the committal for trial of the person if the offense had been committed in the Requested State.

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[1] John Shiffman, 2 Guilty in Web Drug-Sales Scheme, Philadelphia Inquirer, Apr. 18, 2006.
[2] Id.
[3] Id.
[4] 21 U.S.C. § 848(a).
[5] Shiffman, supra note 1.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Extradition Treaty, Jun. 25, 1997, U.S.-India, art. 2, para. 1, S. Treaty Doc. No. 105-30.
[12] Id. art. 3.