Extradition from the United Kingdom to the United States - Ricardo Rotmann a.k.a. Ricardo Fanchini

Ricardo Rotmann, a Polish-born national wanted in the United States on drug trafficking charges, has been arrested at his home in London on Wednesday.^[1] Officers of Britain’s Metropolitan Police Extradition and International Assistance Unit apprehended Rotmann at the request of the U.S. Embassy.^[2] He appeared before the City of Westminster Magistrates’ Court and has been remanded to police custody, awaiting an extradition hearing scheduled for October 11th.^[3] Rotmann stands charged of conspiracy to unlawfully export cocaine from the United States to foreign countries between 2004 and the present.^[4]

Rotmann, who is also known under the name Ricardo Fanchini, is alleged to be a prominent figure in the exiled Russian mafia.^[5] Identified by German author Juergen Roth in his book on Russian organized crime, Rotmann is said to be one of the three most powerful bosses of the exiled Russian crime syndicate in Europe and the U.S.^[6] A prosperous businessman and sports tycoon, Rotmann has been associated with Formula One motor racing and was involved in sponsoring the 1996 Monaco Grand Prix.^[7]

Trafficking in Narcotics
Conspiracy to unlawfully export cocaine from the United States to a foreign country is a crime under 21 U.S.C. § 953.^[8] Under Section 953, it is a unlawful for a person to export any narcotic listed under Schedules I, II, III or IV from the United States to another country unless (1) that country is a signatory to specified treaties permitting importation of such substances, (2) the narcotic is intended for approved and needed for medical or scientific uses, or (3) the Attorney General of the United States has issued a permit for exportation.^[9]

Extradition between the United States and the United Kingdom
Extradition between the United States and the United Kingdom is governed by the existing 1977 treaty, but a newer treaty signed in 2003 stands to replace it upon final approval by the President.^[10] The treaty was signed on March 31, 2003 by U.K. Home Secretary David Blunkett and U.S. Attorney General John Ashcroft.^[11] Certain aspects of the treaty were then adopted into British law under the Extradition Act 2003.^[12] The U.S. Senate formally approved the 2003 Treaty on September 29, 2006, and President Bush signed the approval documents on December 6, 2006.^[13] The treaty was then ratified by both parties on April 26, 2007, and upon final signature by the President, it will replace the previous 1977 treaty.^[14]

The 2003 treaty boasts several differences from the 1977 agreement, most prominent of which is the replacement of a “laundry-list” of extraditable offenses with a new “dual criminality” standard.^[15] Under the new treaty, an offense is extraditable if the conduct on which the offense is based is punishable under the laws in both States by deprivation of liberty for a period of one year or more or by a more severe penalty.^[16] Also, conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to an extraditable offense is an extraditable offense in and of itself.^[17]

In addition to the change in definition of extraditable offenses, some of the more controversial changes between the new treaty and the 1977 treaty include:

• Elimination of U.S. statute of limitation issues - Extradition to the U.K. under the 1977 treaty is barred if the offense was not prosecutable because the statute of limitations had lapsed. This is would no longer the case.^[18]
• Allowance for the temporary surrender of persons serving a prison sentence in the requested state - Under the new treaty, victims would not have to wait until the suspect has served his sentence in the US for justice to be done in the UK and vice versa.^[19]
• Allowance of the waiver of the rule of speciality - This provision would allow the prosecution by the Requesting State of an extradited suspect for an offense for which he was not extradited, as long as the Requested State consents.^[20]

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^[1] BBC Staff, Man wanted in U.S. held in London, BBC News Online, October 3, 2007, available at http://news.bbc.co.uk/2/hi/uk_news/england/london/7026137.stm(last visited October 4, 2007)
^[2] Id.
^[3] Id.
^[4] Id.
^[5] London Evening Standard Staff, Man wanted in U.S. held in London, London Evening Standard Online , October 4, 2007, available at http://news.bbc.co.uk/2/hi/uk_news/england/london/7026137.stm(last visited October 4, 2007)
^[6] Id.
^[7] Id.
^[8]21 U.S.C. § 953(2007).
^[9]21 U.S.C. § 953(a)(1)-(5)(2007).
^[10]Extradition Treaty between the Government of the
United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, S. Treaty Doc 108-23, 2003 U.S.T. LEXIS 129. [hereinafter U.K.-U.S. Extradition Treaty]
^[11] Id.
^[12]Extradition Act, 2003 (Eng.)
^[13] U.K.-U.S. Extradition Treaty, supra note 10.
^[14] Id.
^[15] Id. at Art. 2(1).
^[16] Id.
^[17] Id. at Art. 2(2).
^[18] Id. at Art. 6; See also British Embassy Home Office, London:Press Release: UK/US Extradition Treaty Ratified., April 26, 2007. (last visited October 4, 2007) [hereinafter British Embassy Press Release]
^[19] U.K.-U.S. Extradition Treaty, supra note 10 at Art. 14; See also British Embassy Press Release, supra note 18.
^[20] U.K.-U.S. Extradition Treaty, supra note 10 at Art. 18(1); See also British Embassy Press Release, supra note 18.