International Criminal Defence
An extremely knowledgeable and skilled extradition lawyer, Michael Bolton is deeply familiar with international legal systems and frequently consulted by other legal teams.
With decades of experience on extradition and international criminal defence, Michael is regularly consulted at the early stages of an investigation, and assists in putting together an international team of lawyers to deal with investigation issues, with an aim to avoid criminal prosecution where possible.
In the course of this international defence work he has acquired first-hand knowledge of US Court procedures and processes, as well as developed a strong network of US-based defence counsel contacts. Michael has appeared in US courts and has been granted pro hac vice status (membership to the Bar of a court for a particular case) in the US Federal Court.
Outside of his extensive US experience, he has worked on international crime cases in Barbados, United Kingdom, Europe and Australia.
Where prosecution is undertaken in a foreign country, and extradition of our client is sought from Canada, the lawyers at Bolton Law are very skilled at analyzing the approval by the Minister of Justice, the summaries of evidence provided by the foreign country, and the committal arguments of the Attorney General of Canada on behalf of the foreign country. Often arguments can be raised which challenge the reliability of the Record of the Case put forward by the foreign country or which test the requirement for dual criminality.
Mutual Legal Assistance Requests to Canada (MLAT)
Michael Bolton is often engaged by individuals and corporations under investigation by a foreign country where they are the target of applications to conduct searches, seizures or interrogations pursuant to the Mutual Legal Assistance in Criminal Matters Act (MLAT).
He has helped clients with cross-border investigations of commercial fraud, corruption, mail fraud, conspiracy, money laundering, pharmaceutical and health care offences, weapons charges and drug offences.
CASES OF NOTE
USA v. A., 2001 BCSC 781 – Justice S.R. Romilly
conspiracy – extradition – heroin
Mr. A. and was sought for extradition by the United States to stand trial for conspiracy to distribute heroin and conspiracy to violate the American Arms Export Control Act and the Iranian Embargo Act. Justice S. R. Romilly agreed that the evidence did not reveal an agreement to exchange heroin for Klystron tubes as alleged by the USA. A. was discharged on both counts and was not committed for extradition.
USA v. Lorenz, 2007 BCCA 342 – Madam Justice Newbury
extradition – co-conspirators – conspiracy to possess and to traffic heroin
Mr. Lorenz drove the co-conspirators to locations where the heroin was transferred using another vehicle but the extradition judge concluded that actions and declarations of co-conspirators could not be used as evidence against Mr. Lorenz that he was involved in the conspiracy in the absence of proof of his probable membership in the conspiracy. Mr. Lorenz was discharged and not surrendered for extradition. Madam Justice Newbury dismissed the appeal by the Attorney General of Canada against Mr. Lorenz’ discharge.
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