Non-citizens of the United States charged via federal criminal complaint or federal indictment often find themselves facing extradition to the United States of America to face federal criminal prosecution. This may occur even though the individual has never been to the United States or only been a few times. Federal criminal conspiracies, be they narcotics or fraud related, often envelop people from Europe, Asia, and South America. I have represented people extradited from Asia, Australia, Europe, United Kingdom, and South America.
It is extremely unsettling to be traveling through an airport, for example in London, and be suddenly pulled aside, taken into custody based upon a Red Notice. If you are a foreigner arrested pursuant to a Red Notice from the United States, federal criminal defense attorney Mark J. O’Brien can fight back on your behalf.
Interpool
Interpool is the International Criminal Police Organization. Interpool is an inter-governmental organization that cooperates in effectuating arrests of individual wanted on criminal charges while in member countries. Interpool has 196 member countries in total. Interpool assists law enforcement in these 196 member countries enforce criminal laws. Interpool has a computer data base and system that shares crimes and criminal data and information with member countries.
The General Secretariat operates Interpool’s daily efforts to fight a range of crimes. Headed by the Secretary General, Interpool is staffed by both police and civilians. Its headquarters is based in Lyon, with a global crime fighting complex Singapore, and has several satellite offices in different regions of the world.
In each country, an INTERPOL National Central Bureau (NCB) provides the central point of contact for the General Secretariat and other NCBs. An NCB is run by national police officials and usually sits in the government ministry responsible for policing.
Red Notice
A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person.
It contains two main types of information:
• Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye color, photographs, and DNA and fingerprints (if available).
• Information related to the crime the person is wanted for, which most commonly is money laundering, wire fraud, mail fraud, terrorism, gun trafficking, drug trafficking, human trafficking, or other crimes of violence.
Red Notices are published by Interpool at the request of a member country. All Red Notices must comply with the Constitution and Rules set forth by Interpool.
State-To-State Extradition
In certain situations, an individual will find himself or herself facing state-to-state extradition. When a crime was committed in one state and the fugitive was arrested in a different state, the extradition process allows for law enforcement to return the individual from one state to the other. As experienced defense lawyers, we will fight to ensure that our clients’ rights are protected.
Extradition to a Foreign Country from the United States
International extradition is the complex process by which one country will hand over an alleged or suspected criminal to another country that initiated the process. In an effort to create lasting relationships, many countries have developed extradition treaties that can make a complicated process more straightforward. However, what often gets lost in the process is the rights of the accused individual.
As a former prosecutor, founding attorney Mark J. O’Brien has the experience and insight necessary to guide clients through complex legal matters. An effective criminal defense, whether state or federal, is built upon a detailed understanding of the law and thorough preparation. At O’Brien Hatfield, P.A., we prepare for every case as if it will be decided in court. In some instances, we can negotiate an agreement with the prosecutor’s office. If a plea cannot be reached, we are confident in our extensive trial experiences. With multiple offices throughout Florida, we are prepared to defend clients in the state and across the U.S. before, during and after extradition proceedings.
Defending international extradition requires a special level of legal understanding and finesse. The ability to work within extradition treaties, federal statutes, international document trials and case law is paramount. All we do is defense. When your future is at stake, make us your first call.
Case Results
USA v. Nesbitt Case No.: 8:19-CR-609-VHC-33-SPF
Charge: Conspiracy to Commit Wire Fraud
Conspiracy to Commit Money Laundering
Sentencing Guidelines: 151 months to 188 months in federal prison Case Result: Credit for Time Served
Summary: Brooks Nesbitt, a Canadian citizen living in Thailand, retained attorney Mark J. O’Brien in March of 2019. Mr. Nesbitt was indicted, along with other foreign nationals, of running a boiler room fraud and charged with conspiracy to commit wire fraud and money laundering. After discussing the pros and cons of fighting extradition, Mr. Nesbitt waived and was paroled into the United States for prosecution. After a short delay due to the COVID-19 pandemic, and after analyzing a sentencing memorandum and oral argument by Mr. O’Brien, the Honorable Virginia Hernandez Covington, Senior District Court Judge, Middle District of Florida, Tampa Division, ultimately sentenced Mr. Nesbitt to credit for time served. Mr. Nesbitt is back with his wife and child with baby number two on the way.
USA v. Anuebunwa Case No.: 1:16-CR-575-PAC
Charge: Conspiracy to Commit Wire Fraud
Sentencing Guidelines: 87 months to 108 months in federal prison Case Result: Below Guideline Sentence of 66 months
Summary: Chibundu Joseph Anuebunwa, a Nigerian citizen living in the United Kingdom, retained attorney Mark J. O’Brien in February of 2022. Mr. Anuebunwa fought extradition and lost. Despite this, he trusted Mr. O’Brien after he was paroled into the United States for prosecution to handle his case. After a short delay due to the COVID-19 pandemic, the Honorable Paul A. Crotty, Senior District Court Judge, Southern District of New York, Manhattan Division, varied downward 21 months and sentenced Mr. Anuebunwa to 66 months. By the summer of 2025, Mr. Anuebunwa will be back in London with his wife, children, and family and friends.
USA v. Levinson Case No.: 8:19-CR-156-CEH-TGW
Charge: Conspiracy to Commit Wire Fraud
Conspiracy to Commit Mail Fraud
Sentencing Guidelines: 188 months to 235 months in federal prison Case Result: Below Guideline Sentence of 78 months
Summary: Allen Levinson, a Nigerian citizen living in the United Kingdom, retained attorney Mark J. O’Brien in February of 2020. After discussing the pros and cons of fighting extradition, Mr. Levinson trusted Mr. O’Brien, waived extradition, and was paroled into the United States for prosecution. After a short delay due to the COVID-19 pandemic, the Honorable Charlene Edwards Honeywell, Senior District Court Judge, Middle District of Florida, Tampa Division, departed downward 110 months and sentenced Mr. Levinson to 78 months. By 2026, Mr. Levinson will be back in London with his significant other and family and friends.
USA v. Vachon-Desjardins Case No.: 8:20-CR-366-WFJ-SPF
Charge: Conspiracy to Commit Wire Fraud
Conspiracy to Commit Computer Fraud
Intentional Damage to a Protected Computer
Issuing a Demand in Relation to Damaging a Protected Computer
Sentencing Guidelines: 151 months to 188 months in federal prison Case Result: Below Guideline Sentence of 135 months
Summary: Sebastien Vachon-Desjardins, a Canadian citizen, retained attorney Mark J. O’Brien in February of 20. After discussing the pros and cons of fighting extradition with his Canadian attorney and Mr. O’Brien, Mr. Vachon-Desjardins ultimately trusted Mr. O’Brien, waived extradition, and was paroled into the United States for prosecution. After a short delay due to the COVID-19 pandemic, the Honorable William F. Jung, District Court Judge, Middle District of Florida, Tampa Division, initially varied upward 89 months and sentenced Mr. Levinson to 240 months in federal prison. Buoyed by Mr. O’Brien’s confidence, Mr. Vachon-Desardins waited as Mr. O’Brien conducted a second sentencing hearing wherein Judge Jung reduced Mr. Vachon-Desjardins sentence to 135 months! Additionally, Mr. O’Brien filed another motion that should reduce Mr. Vachon-Desjardins sentence by another two years. By 2026, Mr. Levinson will be back in Canada with his wife, his family, and his friends.
“Attorney Mark J. O’Brien and his federal defense team are exceptional. Mark took the time to understand my case, provided excellent advice, and genuinely cared about me and my family. During a tough time, he was a huge support, always available to answer questions, and his calm confidence eased my worries. Thanks to his hard work, we achieved the best possible outcome. I highly recommend Mark O’Brien for his incredible service and support. Because of him I am now home with my family after receiving a credit for time served sentence.”
“Attorney Mark J. O’Brien and his federal defense team are exceptional. Mark took the time to understand my case, provided excellent advice, and genuinely cared about me and my family. During a tough time, he was a huge support, always available to answer questions, and his calm confidence eased my worries. Thanks to his hard work, we achieved the best possible outcome. I highly recommend Mark O’Brien for his incredible service and support. Because of him I am now home with my family after receiving a credit for time served sentence.”
–B. Nesbitt
