Opinion
ANDRÉ BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney, Chief, Criminal Division, JAMIE A. LANG, Assistant United States Attorney, Attorneys for Complainant, United States of America.
[PROPOSED] CERTIFICATION OF EXTRADITABILITY AND ORDER OF COMMITMENT [18 U.S.C. § 3184]
ANDREW J. WISTRICH, Magistrate Judge.
The Court has received the Complaint filed on February 12, 2014, by Jamie A. Lang, Assistant United States Attorney for the Central District of California, for and on behalf of the Government of Switzerland, pursuant to that Government's request for the provisional arrest of OLIVIER CHAPPUIS, also known as "Omar Chappuis." The Government of Switzerland, subsequent to that date, made a formal request for the extradition of OLIVIER CHAPPUIS, also known as "Omar Chappuis." The Court has also received a Stipulation to Simplified Extradition executed by OLIVIER CHAPPUIS, also known as "Omar Chappuis, " Deputy Federal Public Defender Neha Mehta, and Assistant United States Attorney Jamie A. Lang.
The fugitive, OLIVIER CHAPPUIS, also known as "Omar Chappuis, " (hereinafter "the fugitive"), having appeared before the undersigned judicial officer, represented by counsel, on April 24, 2014, and having entered into the foregoing stipulation,
THE COURT HEREBY FINDS as follows:
1. The fugitive's stipulation to the elements of extradition is intelligent and voluntary.
2. The fugitive is wanted by Swiss authorities to serve his sentence in case number P/14415/1999 for committing the following offenses, of which he was convicted in a jury trial held before the Criminal Court of Geneva, Switzerland: (1) Misappropriation (Breach of Trust), in violation of Article 138 of the Swiss Criminal Code, which carries a maximum penalty of five years imprisonment, or ten years imprisonment with the aggravating circumstance of being a professional fund manager; (2) Failure to Comply with Accounting Regulations, in violation of Article 325 of the Swiss Criminal Code, which carries a maximum penalty of a fine; (3) Retaining Social Security Deductions, in violation of Articles 87 and 89 of the Swiss Federal Law on Retirement Insurance, misdemeanor offenses pursuant to which one is liable to a monetary penalty up to 180 daily penalty units; (4) Fraud, in violation of Article 146 of the Swiss Criminal Code, which carries a maximum penalty of five years imprisonment, or ten years imprisonment if the offender acts for commercial gain; and (5) Counterfeiting Money, in violation of Article 240 of the Swiss Criminal Code, which carries a mandatory-minimum penalty of one year imprisonment, or a maximum penalty of three years in particularly minor cases. An Order to Incarcerate was issued for the fugitive's arrest on August 17, 2010, by the Office for the Execution of Penalties and Measures in Geneva, Switzerland.
3. All of the elements of extradition are met, specifically:
a. The undersigned judicial officer, United States Magistrate Judge Andrew J. Wistrich, and the court on which that judicial officer sits, have jurisdiction to conduct extradition proceedings.
b. The undersigned judicial officer, United States Magistrate Judge Andrew J. Wistrich, and the court on which that judicial officer sits, have jurisdiction over the fugitive.
c. An extradition treaty is in force between the United States of America and Switzerland.
d. The fugitive is sought for offenses for which the applicable treaty permits extradition.
e. The fugitive is the subject of the Order to Incarcerate that was issued for the arrest of OLIVIER CHAPPUIS, also known as "Omar Chappuis, " on August 17, 2010, by the Office for the Execution of Penalties and Measures in Geneva, Switzerland, for OLIVIER CHAPPUIS, also known as "Omar Chappuis, " to serve his sentence in case number P/14415/1999, and there is probable cause to believe that OLIVIER CHAPPUIS, also known as "Omar Chappuis, " is guilty of the offenses alleged in that Order to Incarcerate.
4. There are no facts that bar the extradition of the fugitive under the extradition treaty between the United States and Switzerland.
Based on the foregoing findings, the undersigned judicial officer concludes that OLIVIER CHAPPUIS, also known as "Omar Chappuis, " is extraditable for each offense for which extradition was requested, and certifies this finding to the Secretary of State as required under Title 18, United States Code, Section 3184.
IT IS THEREFORE ORDERED that the Clerk of the Court deliver to the Assistant United States Attorney a certified copy of this Certification of Extraditability and the executed Stipulation to Simplified Extradition and, further, that the Clerk forward certified copies of the same to the United States Secretary of State (to the attention of the Legal Adviser) and the Director, Office of International Affairs, Criminal Division, U.S. Department of Justice, in Washington, D.C., for the appropriate disposition.
IT IS FURTHER ORDERED that OLIVIER CHAPPUIS, also known as "Omar Chappuis, " be committed to the custody of the United States Marshal pending final disposition of this matter by the United States Secretary of State and arrival of agents of the requesting state, at which time OLIVIER CHAPPUIS, also known as "Omar Chappuis, " will be transferred to the custody of the agents of the requesting state at such time and place as mutually agreed upon by the United States Marshal and the duly authorized representatives of the Government of Switzerland to be transported to Switzerland.