Foreigner extradited to the United States for visa fraud
The U.S. State Department recently sought the extradition of Shai Cohen, an Israeli citizen accused of numerous violations of U.S. criminal law. The Department of Justice believes that Cohen was running a visa fraud scheme to facilitate the entry of Israeli citizens into the U.S. He is accused of helping noncitizens obtain visas fraudulently. Allegedly, Cohen employed these noncitizens at kiosk shops he owned in Virginia and Maryland and paid them illegally. After an extradition request was submitted through diplomatic channels, Cohen was arrested in Israel and extradited to the U.S.
Cohen has been charged with the following:
If Cohen is convicted of these crimes, he could face as many as 20 years in federal prison.
What to Expect When Facing Extradition to the United States
If a foreign national commits a crime in the United States and then returns to their home country, that does not mean they’ve avoided prosecution in the U.S. International extradition provides an avenue for one country to request that another country surrender someone who is wanted for a criminal offense. Extradition is possible from countries that have an extradition treaty with the U.S.
There isn’t one standardized method for extradition to the U.S.; the process will depend on the country from which the alleged or convicted criminal is sought. Often, however, there will be two stages – judicial and executive. First, a court must determine if the extradition request satisfies the terms of the treaty and the other country’s laws. If the court determines that all requirements have been met and extradition will continue, the executive stage will involve the Secretary of State will likely issue a surrender order to the other country.
Again, the specific steps of extradition to the U.S. will depend on the terms of the country’s extradition treaty. There is often the potential for an appeal in either the judicial or executive stages. Timing is also an important aspect of many treaties. The U.S. has a law requiring that a good faith effort be made to bring a defendant to trial. There are also statutes of limitations to consider, which are deadlines by which legal proceedings must be started.
There are many components to extraditions to the U.S., and the entire process can take years to complete. Once extradition is certain, authorities from both countries will coordinate the surrender, and the person will be transferred to the U.S.
Currently, the U.S. has extradition treaties with over 100 countries, including Israel, Greece, Turkey, and Egypt. If you are a defendant outside the U.S. that is wanted for violation of U.S. criminal laws, there is a chance that you could be extradited to stand trial for your suspected crimes. If this happens, you will need an attorney that specializes in representing non-U.S. citizens in U.S. courts. Silver & Co. has a track record of successfully representing clients in their legal battles against the U.S. government.
What does it mean for defendants outside the U.S. when charges are brought against them, and the Department of State seeks extradition? If an international investigation is launched, a search for a suspected criminal is completed abroad, and extradition is sought, the charges will likely be serious.
Complex and unfamiliar U.S. criminal laws make navigating this process as a noncitizen incredibly challenging. One crucial thing that defendants outside the U.S. should know is that if they do not have citizenship, they are still extended many of the same rights as citizens in terms of trials and humane treatment. Noncitizens charged with crimes in the United States have the right to a trial by jury and protection against self-incrimination. Further, noncitizens cannot be subjected to cruel and unusual punishment.
Defendants outside the U.S. who are standing trial for a crime within the country also have a right to legal representation. The law firm of Silver & Co. has the unique experience and knowledge that foreign nationals charged with U.S. crimes will benefit from. If you live outside the United States and are facing charges within the U.S., you will benefit from working with legal counsel that is capable of developing fierce defense strategies and creating an intelligent legal approach.
Contact Silver & Co. for a free consultation by calling our office at +972-9-956-8990 or emailing us at info@silvercolaw.com.
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