Extradition of Abraham Mondrowitz Approved by Israeli Court

An Israeli court recently approved extradition to the U.S. of an American Orthodox Jew, according to the Justice Ministry.^[1] Abraham Mondrowitz, a member of the Gur Hasidic Jewish sect, was wanted on suspicion of multiple sexual attacks that occurred over twenty years ago.^[2] Mondrowitz, now 60, was arrested in Jerusalem in November of 2007 for the alleged abuse of a number of children at his home in Brooklyn, New York which also doubled as his private clinic.^[3] He fled to Israel in 1985 while police were still investigating him for these charges.^[4]

Moshe Cohen, the spokesman for the Israeli Justice Ministry, noted that while the Jerusalem District Court had approved the extradition order, Mondrowitz still retains the right to appeal.^[5] The final decision on whether to extradite Mondrowitz will ultimately be made by the State, according to Court spokeswoman Tal Rosner.^[6]

In September of 2007, the United States resubmitted an extradition request for Mondrowitz that was originally made a few months after he had fled New York for Israel in 1985.^[7] According to the Israeli state prosecutor's office this renewed U.S. request follows the amending of the extradition treaty between Israel and the United States to include those crimes whose punishment is more than one year imprisonment.^[8] Prior to the change, which took effect last year, sodomy was not included in the extradition treaty between Israel and the United States.^[9]

For an individual to be extradited the offense charged must be a crime in both the country requesting extradition as well as the country to which such request is made.^[10] To fulfill this obligation, it is not required that the name of the offense allegedly committed in a foreign country nor its elements be identical to the name and/or elements of a similar offense in the United States.^[11] It is sufficient that the conduct involved is criminal in both the requesting and requested countries.^[12] If the particular crimes alleged are criminal in both jurisdictions than any dual criminality provision in the applicable treaty is satisfied.^[13]

Federal criminal defense attorney Douglas McNabb has written extensively on extradition law and has been quoted in articles pertaining to the case of Abraham Mondrowitz. Some of Mr. McNabb’s articles on International Extradition law can be found here. For further information on the Mondrowitz case click here.

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[1] The Associated Press, Israeli Court Approves Extradition of US Orthodox Jew Wanted for Sexual Attacks, International Herald Tribune, Feb. 10, 2008 (available at http://www.iht.com/articles/ap/2008/02/10/africa/ME-GEN-Israel-US-Sex-Abuse.php).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] The Associated Press, Israeli Court Approves Extradition of US Orthodox Jew Wanted for Sexual Attacks, International Herald Tribune, Feb. 10, 2008 (available at http://www.iht.com/articles/ap/2008/02/10/africa/ME-GEN-Israel-US-Sex-Abuse.php).
[8] Id.
[9] Id.
[10] Posting of McNabb Associates, P.C., at McNabbassociates.com (available at http://www.internationalextradition.com/extradition.htm).
[11] Posting of McNabb Associates, P.C., at McNabbassociates.com (available at http://www.internationalextradition.com/extradition.htm).
[12] Kelly v. Griffin, 241 U.S. 6, 14 (1916).
[13] Messina v. United States, 728 F.2d 77, 79 (2d. Cir. 1984).