Ross v. United States Marshal for the Eastern District of Oklahoma
United States Court of Appeals for the Tenth Circuit
168 F.3d 1190 (1999)
- Written by Rich Walter, JD
Facts
George Ross (defendant) emigrated from the United Kingdom to the United States in 1983. At the time, Ross knew that financial auditors were on the verge of discovering Ross’s fraudulent bookkeeping. Twelve years later, the UK government requested Ross’s extradition to face trial for violating the UK’s statute against falsifying accounting records for personal gain. The federal marshal for the Eastern District of Oklahoma (plaintiff) arrested Ross; a magistrate judge cleared the way for Ross’s extradition; and the district court denied Ross’s petition for habeas corpus. On appeal, the Tenth Circuit upheld the district court’s ruling that Ross’s 12-year effort to evade anticipated arrest and trial in the UK tolled the US extradition statute’s five-year statute of limitations. The Tenth Circuit then took up Ross’s argument that the dual-criminality requirement for extradition had not been met, because unlike the UK fraud statute, US federal fraud statutes required the fraudulent use of mail or wire transmissions.
Rule of Law
Issue
Holding and Reasoning (Brorby, J.)
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