Extradition from India to the United States—Bhavesh Kamdar

An Indian man who is accused in New York of allegedly “defrauding New York State of about $1.1 million,” has been arrested in India.^[1] Bhavesh Kamdar was “taken into custody at his home in Rajkot, Gujarat Province,” after an Interpol Red Notice was issued on his 30-count indictment.^[2]

Indicted in 2004,^[3] Mr. Kamdar is accused of committing mail fraud and money laundering after his company “was paid nearly $12 million to remove underground fuel tanks at State Police stations, prisons, and other state facilities.”^[4] The alleged fraud occurred when he “allegedly dup[ed] the state into reimbursing him more than $1 million for a $59,000 expense.”^[5]

The project for which Mr. Kamdar was awarded a contract was completed in 2001, and there is no allegation that the work performed was improper; “the environmental work is ‘not in question.’”^[6]

The bilateral extradition treaty between the United States and India was signed in 1997, and ratified by the US Senate in 1999. Like most other modern treaties, it contains a dual-criminality clause, which allows for extradition for any crime which is punishable by imprisonment for more than one year.^[7]

The United States will have to provide the following information:

• 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;
• a copy of the warrant or order of arrest, issued [*21] 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.^[8]

The documents will have to be certified by the principal diplomatic or principal consular officer of the Republic of India resident in the United States, or in “any other manner accepted by the laws of the Requested State.”^[9]

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[1] Indian Faces Extradition in N.Y. State Fraud Case, Buffalo News, Aug. 8, 2006.
[2] Id.
[3] Elizabeth Vetrano, WNY Man Arrested in India, WGRZ.com, Aug. 7, 2006.
[4] Buffalo News, supra note 1.
[5] NewsFlash—Man Accused of Fraud in U.S. Arrested in India, AP (via Syracuse.com), Aug. 7, 2006.
[6] NY Man Indicted on Fraud Involving UST Contract for State, Underground Storage Tank Guide, Sept. 2004.
[7] Extradition Treaty, Jun. 25, 1997, US-India, art. 2, para. 1. S. Treaty Doc. No. 105-30.
[8] Id. art. 9.
[9] Id. art. 10.