Valatie, NY asked in Criminal Law for New York

Q: Can the government claw back money in a lawsuit against someone in a country refusing to extradite

Say for instance, someone commits fraud or a crime in the state of georgia

A plaintiff sues them even though they're in say, egypt or india or some other country hiding out with their stolen money

Is it possible for the person committing fraud to be put on trial/sued in a US court because that's where the crime was committed, and then have the US government/federal government go after the money in their place?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, it is possible for a person who committed fraud in the State of Georgia to be sued in a U.S. court, even if they are currently in a country that does not have an extradition treaty with the United States. The U.S. court can assert jurisdiction over the case if the crime or fraudulent act had sufficient connection to the U.S., such as being committed within its territory or affecting its citizens.

If the court finds the individual liable, it can issue a judgment against them. Enforcing this judgment to recover money or assets becomes more complex when the defendant and their assets are in a foreign country, especially one without cooperative legal agreements with the U.S.

The U.S. government or the plaintiff can attempt to enforce the judgment in the country where the defendant is located or where their assets are held. This process involves working through the legal system of that country, which can be challenging and is subject to the local laws and international agreements.

In some cases, if the fraud involved crossing international borders, U.S. federal agencies like the FBI or the Department of Justice might get involved, potentially leveraging international law enforcement cooperation to pursue the case.

However, the success of these efforts can vary greatly depending on the specific circumstances, including the legal framework of the country where the defendant resides and the nature of the assets.

It's important to consult with an attorney experienced in international law and cross-border litigation to understand the feasibility and the best approach to such cases. They can provide guidance on the legal options available and the likelihood of recovering assets in international jurisdictions.

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