In re Mathison, Civ. No. 3:12–mj–00143–1.

• Citation: 974 F.Supp.2d 1296
• Decision Date: 25 September 2013
• Docket Number: Civ. No. 3:12–mj–00143–1.
• Parties: In the matter of the EXTRADITION OF Paul Garza MATHISON, a/k/a Brian Jake Parsons.
• Court: U.S. District Court — District of Oregon

974 F.Supp.2d 1296

In the matter of the EXTRADITION OF Paul Garza MATHISON, a/k/a Brian Jake Parsons.

Civ. No. 3:12–mj–00143–1.

United States District Court,

D. Oregon.

Sept. 25, 2013.

Ryan W. Bounds, U.S. Attorney's Office, Portland, OR, for USA.

Cozette T. Tran–Caffee, Robert R. Calo, Lane Powell, PC, Kristen L. Tranetzki, Portland, OR, for Paul Garza Mathison also known as Brian Jake Parsons.

OPINION AND CERTIFICATE OF EXTRADITABILITY

JOHN V. ACOSTA, United States Magistrate Judge.

Introduction

The United States of America, on behalf of the Government of Mexico, seeks the extradition of Paul Garza Mathison, a/k/a Brian Parsons (“Mathison”), under the 1978 Extradition Treaty between the United States of America and the United Mexican States. Mathison is accused of having committed crimes of fraud in Mexico between March and May of 2009, for which a Mexican court, in October 2009, issued a warrant authorizing his arrest. Mathison opposes the United States' extradition request and separately moves to stay this court's ruling on the extradition request to allow him to pursue challenges to the Mexican warrant in a Mexican court.

The court finds that the Government has satisfied its burden under 18 U.S.C. § 3184 et seq., and established that Mathison is eligible to be extradited to Mexico, and that Mathison has failed to meet his burden to obtain a stay of this court's ruling on the Government's extradition request pending the outcome of Mathison's challenge in the Mexican courts.¹

Background

Mathison is an American citizen wanted in Mexico for allegedly having engaged in conduct constituting fraud under Article 324, section III of the Criminal Code of the State of Michoacan, Mexico. Mathison's alleged fraudulent conduct occurred during March, April, and May 2009. During this time period Mathison allegedly posed as the owner of a company called “Promotora Turistica de Uruapan” and induced Jose Jesus Begar Ortiz (“Ortiz”), a Mexican citizen, to loan Mathison money against five checks drawn against that company's bank accounts; one of the accounts did not actually exist and the others lacked sufficient funds to cover the checks Mathison wrote. By this scheme Mathison obtained from Ortiz 2,810,000 Mexican pesos, the equivalent of $235,374, as well as a BMW automobile. On October 9, 2009, after completion of a criminal investigation by the Investigative Public Prosecutor in the Judicial District of Urapan, State of Michoacan, Mexican United States, the Second Criminal Trial Court for the Judicial District of Urapan issued a warrant issued for Mathison's arrest.

On September 14, 2012, the Government filed a complaint against Mathison in which it detailed the Mexican government's request for Mathison's extradition pursuant to the Extradition Treaty between the United States of America and the United Mexican States of May 4, 1978 (TIAS 9656) (“Treaty”), and seeking a warrant for Mathison's arrest. At the time, Mathison was in custody at Columbia River Correctional Institution, Oregon, serving consecutive 13–month sentences for felony car theft and identity theft. In the complaint the Government asked the court to certify to the Secretary of State that the Mexican government's evidence is sufficient under the Treaty to sustain the charges against Mathison and support his extradition. The arrest warrant issued and the Government arrested Mathison on October 1, 2012.

On December 12, 2012, the Government filed its memorandum (Dkt. No. 9) in support of its extradition request,² accompanied by supporting exhibits (Dkt. Nos. 10–15). At Mathison's unopposed request, the court continued the extradition hearing scheduled for December 19, 2012. On March 27, 2013, Mathison filed his opposition memorandum (Dkt. No. 20) to the Government's extradition request and separately moved to continue the extradition hearing set for April 3, 2013. The court granted that motion over the Government's objection and reset the extradition hearing for May 30, 2013. On May 17, 2013, Mathison filed his Motion (Dkt. No. 29) to Refrain from Ruling and subsequently he filed his supporting exhibits (Dkt. Nos. 31–36, 47). On May 21, 2013, the court continued the extradition hearing set for May 30, 2013, to allow Mathison to submit supplemental evidence regarding his amparo proceeding. The court reset the hearing to July 16, 2013, and on that date the hearing convened and proceeded. In the interval, Mathison filed his amparo proceeding in the Mexican courts on July 15, 2013.

The Government's Evidence

The Government submitted the following evidence in support of its extradition request:

1. November 21, 2012, Declaration of Julie B. Martin, State Department Attorney Advisor (“Martin Decl.”). (Dkt. No. 9–1, Page ID # 25–27).

2. Government of Mexico Extradition Request. (Martin Decl., Ex. 1; Dkt. No. 9–1; Page ID # 28–39 (Spanish) and # 40–49 (English)).

3. Extradition Treaty between United States and Mexico. (Martin Decl., Ex. 1; Dkt. No. 9–1; Page ID # 50–71.)

4. November 13, 2012, Certification of Documentary Evidence by United States Ambassador to Mexico Earl Anthony Wayne (“Wayne Cert.”). (Dkt. No. 10; Page ID # 72.)

5. November 13, 2012, Affidavit of Ricardo Cachoúa Garza, translator. (Dkt. No. 10; Page ID # 73.)

6. October 12, 2012, Affidavit of Haydee Chavez Sanchez, Agent of the Office of Public Prosecutor, General Division of International Proceedings, Office of the Assistant Attorney General for Legal and International Affairs of the Office of the Attorney General of the Republic (“Sanchez Aff.”). (Dkt. No. 10; Page ID # 74–91.)

7. Articles of the Michoacan Criminal Code. (Sanchez Aff., Ex. 1; Dkt. No. 10; Page ID # 92–96.)

8. October 9, 2009, Decision to Issue Arrest and Detention Warrant. (Sanchez Aff., Ex. 2; Dkt. No. 10; Page ID # 97–115.)

9. March 19, 2010, Certification of Maria Ines Manriquez Garcia, Public Prosecutor, Second Criminal Trial Court, Michoacan Judicial District, regarding statute of limitations applicable to the crime of fraud. (Sanchez Aff., Ex. 3; Page ID # 116–117.)

10. May 13, 2009, Statement of Leonel Meza Gomez, LLB, Legal Representative of and on behalf of Jose Jesus Bejar Ortiz. (Sanchez Aff., Ex. 4; Dkt. No. 10, Page ID # 118–122.)

11. April 24, 2009, Purchase and Sale Agreement for Real Property between Alicia Romero Bedolla, seller, and Paul Garza Mathison, buyer. (Sanchez Aff., Ex. 5; Dkt. No. 11, Page ID # 123–127.)

12. April 13, 2009, Automobile Bill of Sale between Jose Jesus Bejar Ortiz, seller, and Paul Garza Mathison, buyer. (Sanchez Aff., Ex 6; Dkt. No. 11, Page ID # 128–130.)

13. Copies of bank checks and bank records, certified on May 13, 2009, by Victor Luna Beltran, First Agent of the Investigative Public Prosecutor, Michoacan Judicial District. (Sanchez Aff., Ex. 7; Dkt. No. 11, Page ID # 131–135.)

14. Ratification of the written accusation filed by Leonel Meza Gomez. (Sanchez Aff., Ex. 8; Dkt. No. 11, Page ID # 136–137.)

15. June 1, 2009, Statement of Jose Manuel Bejar Cuara, son of Jose Jesus Bejar Ortiz, (Sanchez Aff., Ex. 9; Dkt. No. 11, Page ID # 138–142.)

16. June 1, 2009, Statement of Marco Antonio Sanchez Aguilar, business associate of Paul Garza Mathison and Jose Jesus Bejar Ortiz, (Sanchez Aff., Ex. 10; Dkt. No. 11, Page ID # 143–147.)

17. June 1, 2009, Statement of Clemente Rodriguez Ramirez, Jose Jesus Bejar Ortiz's driver. (Sanchez Aff., Ex. 11; Dkt. No. 12, Page ID # 148–154.)

18. July 8, 2009, Statement of Juan Carlos Corza Carrillo, Banco del Bajio bank manager. (Sanchez Aff., Ex. 12; Dkt. No. 12, Page ID # 155–157.)

19. August 26, 2009, Additional Statement of Leonel Meza Gomez. (Sanchez Aff., Ex. 13; Dkt. No. 12, Page ID # 158–160.)

20. August 30, 2009, Investigation Completion letter by Eduardo Medina Mendoza and Hector Cortes Aguilar, Office of the Attorney General, State of Michoacan. (Sanchez Aff., Ex. 14; Dkt. No. 12, 161–164.)

21. Expert Accounting Opinion of Salvador Castañon Morales attesting to the amount of financial loss alleged to have been caused by Paul Garza Mathison. (Sanchez Aff., Ex. 15; Dkt. No, 12, Page ID # 165–169.)

22. Bank records from Banco Satander and Scotiabank Inverlat. (Sanchez Aff. Ex. 16; Dkt. No. 12, Page ID # 170–181.)

23. Photo array used by Jose Jesus Bejar Ortiz and Clemente Rodriguez Ramirez to identify Paul Garza Mathison. (Sanchez Aff. Ex. 17.; Dkt. No. 12, Page ID # 182–188.)

24. October 10, 2012, Certified copy of arrest warrant and supporting documents in the original Spanish, by Haydee Chavez Sanchez, Agent of the Office of Public Prosecutor, General Division of International Proceedings, Office of the Assistant Attorney General for Legal and International Affairs of the Office of the Attorney General of the Republic. (Sanchez Aff., Ex. 18; Dkt. No. 13, Page ID # 189–294.)

Mathison's Evidence

Mathison submitted the following evidence in opposition to the Government's extradition request and in support of his motion to defer ruling on the extradition request:

1. May 20, 2013, Amended Declaration of Cozette Tran–Caffee in Support of Motion to Refrain from Ruling (“May 20, 2013, Tran–Caffee Decl.”) (Dkt. No. 34), Exhibits A through D.

2. May 30, 2013, Letter of Kristen Tranetzki with preliminary Legal Opinion of Francisco Javier Paz Rodriguez, Mexican attorney for Paul Garza Mathison, attached to July 9, 2013, Declaration of Cozette Tran–Caffee in Support of Reply on Motion to Refrain From Ruling (Dkt. No. 47), Exhibit 1 (Dkt. No., 47–1).

3. July 15, 2013, letter from Robert Calo with Notification of Amparo Action Filed by Francisco Javier Paz Rodriguez, Mexican attorney for Paul Garza Mathison.³

4. July 31, 2013, letter from Robert Calo with July 29, 2013, statement of Brenda Ortiz–Ruiz, and July 31, 2013, Declaration of Brian Jake Parsons a/k/a Paul Garza Mathison.

5. August 8, 2013, letter from Robert Calo with undated Declaration of Maria Vasquez, and July 20, 2013, Declaration of George Ibarra Martinez.

Mathison's Amparo...