Extradition from Panama to the United States—Eddie Ray Kahn

One of Wesley Snipes’ co-defendants, Eddie Ray Kahn, is believed to be located in Panama. (We discussed the details of the indictment against Mr. Snipes, Mr. Kahn, and their co-defendant, Douglas Rosile, earlier today.) If Mr. Kahn is indeed in Panama, this suggests that an extradition request for Mr. Kahn will be issued fairly soon.

Extradition between the United States and Panama is conducted pursuant to the 1904 bilateral extradition treaty. Because the treaty is so old, extradition can be had only if the offense is found in the laundry list of extraditable offenses.^[1] There is a large question, however, whether the crimes listed in the indictment fall within the terms of the treaty. While conspiracy likely is covered by the treaty, as shown by the language “[e]xtradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty,”^[2] it isn’t clear that the object of the conspiracy is likewise covered. For example, robbery and burglary are covered, but that is defined as “the act of feloniously and forcibly taking from the person of another money, goods, documents or other property by violence.”^[3] Fraud is covered, but the language of treaty suggests that it applies only to bailees, bankers, agents, factors, trustees, or other people acting in a fiduciary capacity.^[4]

It also seems that none of the bilateral treaties concerning taxation between the United States and Panama are especially applicable in this case.^[5]

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[1] See Extradition Treaty, May 25, 2004, U.S.-Pan., art. II, 34 Stat. 2851, TS 445, 10 Bevans 673.
[2] Id.
[3] Id. art. II, para. 3 (emphasis added).
[4] Id. art. II, para. 7.
[5] See, Treaties in Force 251, Dept. of State, 2006.