Peroff v. Hylton, 77-1729
| Decision Date | 14 September 1977 |
| Docket Number | No. 77-1729,77-1729 |
| Citation | 563 F.2d 1099 |
| Parties | Franklin PEROFF, Appellant, v. I. G. HYLTON, United States Marshall, Griffin Bell, Attorney General, Cyrus Vance, Secretary of State, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Philip J. Hirschkop, John D. Grad, Alexandria, Va., Aaron R. Fodiman, Arlington, Va., on brief for appellant.
Philip Wilens, Chief, Government Regulations & Labor Section, Murray R. Stein, Criminal Division, U.S. Department of Justice, Washington, D.C. for the appellees.
Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.
Challenging a finding by the district court that he is extraditable to stand trial in Sweden for violations of that country's criminal laws, Franklin Peroff sought habeas corpus relief below. He appealed from the denial of his petition and we affirmed. Peroff v. Hylton, 542 F.2d 1247 (4th Cir. 1976), certiorari denied, 429 U.S. 1062, 97 S.Ct. 787, 50 L.Ed.2d 778 (January 17, 1977), rehearing denied, 429 U.S. 1124, 97 S.Ct. 1163, 51 L.Ed.2d 575 (February 22, 1977). By way of a new petition for habeas relief, Peroff now seeks to reopen the judicial inquiry into his extraditability and further contends that he was denied due process by the Secretary of State's execution and delivery of a warrant of surrender to Swedish authorities. On motion of the appellees, we dispense with oral argument and affirm the dismissal of Peroff's instant petition.
Peroff is charged with participation in a fraudulent scheme whereby relatively worthless shares of stock in a company called "American International Distributors, Inc.," represented to be stock of the "American International Development Corporation," were furnished as collateral for loans made to Peroff by Swedish citizens. The loans were not repaid. It was alleged that those defrauded were induced to make the loans in part because they had viewed either a brokerage firm's report or a newspaper's market summary showing that "A.I.D." was then being traded over-the-counter at a respectable price.
Peroff now asserts that the American International Development Corporation was no longer doing business under that name at the time of the alleged fraudulent transactions and had stopped trading as such over a month before the loans were made. This newly discovered evidence, he contends, supports his claim that the principal witness against him was in fact the perpetrator of the fraud and justifies a new inquiry into the question of whether probable cause exists to try Peroff for the offenses. We disagree. Although the facts now alleged by Peroff may tend to impeach the testimony of certain witnesses as to the specifics of the fraudulent transactions in question, it does not follow that he is entitled to a new hearing on the issue of extraditability. Even viewed in light of the appellant's new claims, the evidence proffered by the Swedish authorities in their request for Peroff's extradition amply supports the original finding of probable cause to believe that Peroff participated in the crimes charged.
Peroff also seeks a new hearing on the ground that his extradition was procured, in part, through misrepresentations by government officials that the extradition treaty between Sweden and The United States is reciprocal in nature. That Sweden's laws prohibit the extradition of her own citizens 1 is of no relevance to a magistrate's inquiry into extraditability under 18 U.S.C. § 3184. As we stated in Peroff v. Hylton, 542 F.2d 1247 (4th Cir. 1976), the purpose of an extradition hearing is to "inquire into the presence of probable cause to believe that there has been a violation of one or more of the criminal laws of the extraditing country, that the alleged conduct, if committed in the United States, would have been a violation of our criminal law, and that the extradited individual is the one sought by the foreign nation for trial on the charge of violation of its criminal laws." 542 F.2d at 1249. The hearing is "of the character of those preliminary examinations which take place . . . before a committing magistrate for the purpose of determining whether a case is made out which will justify the holding of the accused . . . to ultimately answer to an indictment." Benson v. McMahon, 127 U.S. 457, 463, 8 S.Ct. 1240, 1243, 32 L.Ed. 234 (1888). Even if the claimed lack of reciprocity...
To continue reading
Request your trial
-
Gill v. Imundi
...substantial doubt on sufficiency of evidence presented at extradition hearing warrants additional hearing); cf. Peroff v. Hylton, 563 F.2d 1099, 1099 (4th Cir.1977) (no new hearing on extraditability necessary where even viewed in light of newly discovered evidence, original showing "amply"......
-
Cornejo-Barreto v. Siefert
...Secretary of State — not the courts — to determine whether extradition should be denied on humanitarian grounds."); Peroff v. Hylton, 563 F.2d 1099, 1101-03 (4th Cir.1977) (declining review of due process challenge to Secretary of State's execution of warrant of surrender); Escobedo v. Unit......
-
In re Jarosz, 11 M 079.
...U.S. 457, 463, 8 S.Ct. 1240, 32 L.Ed. 234 (1888); David v. Attorney Gen. of U.S., 699 F.2d 411, 415 (7th Cir.1983); Peroff v. Hylton, 563 F.2d 1099, 1102 (4th Cir.1977); Sayne v. Shipley, 418 F.2d 679, 685 (5th Cir.1969); Merino v. Marshal, 326 F.2d 5, 12 (9th Cir.1964). But being sui gener......
-
Esposito v. Adams
...v. Kelly, 229 U.S. 447, 469-76, 33 S.Ct. 945, 955, 57 L.Ed. 1274 (1913), and more recently by other circuits in Peroff v. Hylton, 563 F.2d 1099, 1102 (4th Cir.1977) and Escobedo, 623 F.2d at 1107. The question of whether the United States should refuse to extradite Esposito because of Italy......
-
Reviewing Extraditions to Torture.
...of torture, thereby receiving all the process he was due." 700 F. Supp. 2d 953, 961-62 (W.D. Tenn. 2010) (citing Peroff v. Hylton, 563 F.2d 1099, 1102 (4th Cir. 1977) (per curiam); and Escobedo v. United States, 623 F.2d 1098, 1105-06 (5th Cir. 1980)). Juarez-Saldana and the cases it refers......