Ontario Criminal

Criminal Law

Extradition proceedings

Extradition from Canada

USA granted extradition of accused on charges relating to international fraud investigation
USA alleged that accused participated in fraudulent scheme in which victims in the United States were induced by false representations to send funds to bank or wire transfer facility in Lagos, Nigeria. USA sought extradition of accused on charges relating to international fraud investigation. Application allowed. Accused was committed into custody pursuant to section 29 of Extradition Act, to await surrender for offence set out in Authority to Proceed. Record of the Case (“ROC”) and Supplementary record of the Case (“SROC”) contained admissible evidence that person who collected wire transfers of funds sent by PB was accused, that victims in United States were induced to send these funds via wire transfer by false representations, that PB was associated with and was receiving instructions from one JH who also instructed accused, that Western Union and MoneyGram transfers went from victims to PB and then to accused, and that number of direct transfers went from fraud victims to accused via MoneyGram and Western Union. All of this evidence supported prima facie case that accused possessed money obtained by or derived from indictable offence. In addition, evidence in ROC and SROC established identity of accused as person who possessed wire transfers derived from fraud and whose extradition was sought by USA. Passport obtained by bank in Lagos, Nigeria contained name and birthdate of accused. Booking photo taken by police upon accused’s arrest was same person as person before court. There was evidence available for trial on all of essential elements of offence for which he was sought . Based on material in record, jury properly instructed could convict accused of parallel Canadian offence . Test for committal was therefore met.
United States of America v. Omoruyi (2017), 2017 CarswellOnt 3823, 2017 ONSC 1480, E.M. Morgan J. (Ont. S.C.J.).

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