Extradition from Brazil to the United States—Pedro Paulo dos Santos

Pedro Paulo dos Santos served as Georgetown University’s associate director and program coordinator of the university’s Brazilian Studies Program from 2002 through 2005.^[1] In July, 2006, a “federal grand jury indicted [Mr.] dos Santos in his absence … on charges of bank fraud, mail fraud, money laundering and theft.”^[2] The charges stem from allegations that he embezzled more than $300,000 from the university and then fled to Brazil, where it is unclear whether he faces extradition proceedings.^[3] According to Channing Phillips, a spokesman for the US Attorneys Office in the District of Columbia, while Mr. dos Santos is believed to still be in Brazil, Justice Department policy prohibits him from making any public comment about potential extraditions.^[4]

The extradition treaty^[5] between the United States and Brazil was signed on January 13, 1961, with a protocol^[6] being signed on June 18, 1062; both entered into force on December 17, 1964. The treaty contains a laundry list of offenses for which extradition can be had, including such crimes as malicious wounding, bigamy, arson, piracy, malicious destruction of infrastructure, counterfeiting, embezzlement, larceny, fraud, bribery, bankruptcy fraud, drug trafficking, and smuggling, among many others.^[7] Extradition, however, will not occur—even if the crime allegedly committed is an enumerated offense—in the following circumstances:

• when the requested State is competent to prosecute the individual and it intends to exercise its own jurisdiction accordingly;
• when the individual is already being prosecuted by the requested State;
• when the prosecution is barred by the statute of limitations;
• when the individual would have to appear before an extraordinary tribunal or court in the requesting State;
• when the crime is purely military; or
• when the crime is of a political character.^[8]

Furthermore, according to the protocol to the treaty, neither country is obliged to extradite its own nationals, but the executive authority may elect to do so, so long as the requested State’s Constitution or laws do not prohibit it.^[9]

---

[1] Robert Heberle, Former GU Employee Wanted for Fraud, The Hoya, Jan. 30, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Extradition Treaty, Jan. 13, 1961, U.S.-Braz., 15 U.S.T. 2093.
[6] Protocol to Extradition Treaty, Jun. 18, 1962, U.S.-Braz., 15 U.S.T. 2112.
[7] Treaty, art. II.
[8] Id. art. V.
[9] Protocol, art. I.