United States District Court, N.D. Ohio, Eastern Division
ORDER ON MOTION FOR BOND
M. Parker, United States Magistrate Judge.
matter is before the court on the motion filed by Attila Nagy
for an order releasing him on bond. On November 13, 2017 the
United States filed an extradition complaint under 18 U.S.C.
§ 3184, based upon a request from the government of
Romania and upon an extradition treaty between the United
States and Romania. ECF Doc. 1. The complaint alleges that
Romania requested Nagy after he was convicted in absentia of
two counts of complicity to commit insurance fraud.
Factual Record and Contentions
United States filed a Declaration of Michael N. Jacobsohn,
dated August 25, 2017 which attested to certain facts and
appended certain documents. ECF Doc. 1-2, pp. 1, 3. The
Jacobsohn declaration indicated that Romanian Diplomatic Note
425, requesting the extradition of Attila Nagy, was dated
February 24, 2014. ECF Doc. 1-2, pp. 3, 4. The extradition
request was received at the U.S. Department of State on
February 27, 2014. Id. The Romanian Ministry of
Justice provided additional information in support of its
extradition request on October 16, 2016 and March 27, 2017.
ECF Doc. 1-2, pp. 5, 6.
United States and Romania signed an extradition treaty on
September 10, 2007. ECF Doc. 1-3, p. 39.
was convicted of the offense of complicity to fraud in
violation of the Romanian Penal Code, Article 26 in
conjunction with Article 215(2) and (3) of that code; he also
was convicted of complicity to intellectual forgery in
violation of Article 26 of the Romanian Penal Code in
conjunction with Article 289 of that code. The respective
offense dates for these convictions were in 2000 and 2001.
The convictions became final on September 17, 2007 and
September 1, 2008. ECF Doc. 1-5, p. 2. For each conviction,
Nagy was sentenced to serve three years of imprisonment.
Id. at pp. 2, 3. The prison terms were suspended and
Nagy was placed on six years of probation with the
requirement that he periodically appear at the Probation
Services attached to the Tribunal of Salaj. Id.
contacted the probation services office on December 19, 2011
indicating that he could not comply with the requirements of
his probation because he was in the United States without
proper legal status and returning to Romania could endanger
his future in the U.S., where he had been living for ten
years. Id. at 10. In that same telephone call, Nagy
was directed to provide by electronic and later regular mail
documents attesting to his identity, place of domicile and
his job; the deadline for submission was December 31, 2011.
Id. Because Nagy did not provide the requested
information by the deadline, a new telephone conference with
Nagy was conducted on January 10, 2012; a new deadline of
January 13, 2012 by which Nagy was directed to submit the
required information was set. Id. at 10-11. Nagy did
not comply. Id. at 11. But Nagy filed a recourse
against the penal judgment, but the recourse was rejected by
Penal Decision no. 294/R/09.11.2012. Id.
Local Court of Oradea initially rejected - on three occasions
- the request for revocation of Nagy's suspended sentence
because it might have been possible to supervise Nagy by
means other than in-person appearances and also because of
the possibility that Nagy was unaware of the probation
requirements. Id. at 9. But after Nagy's failure
to communicate his contact information by the two dates noted
above, the court concluded that Nagy acted in bad faith when
he refused to return from the United States to Romania,
“or, at least, to submit to supervision in a certain
form for the fulfillment of the supervision measures
ordered” by the penal judgment. Id. at 11. The
court also noted that Nagy, although represented by counsel,
failed to appear both in the penal prosecution stage and
before the court of law; he also failed to appear at the
judgment when revocation of the suspended sentence was being
Nagy failed in bad faith to comply with the terms of
probation, Nagy's suspended sentences were revoked and
Nagy was ordered to serve a prison sentence of three years
and four months. Id. at 4, 10. Thereafter, on
November 14, 2012 the Local Court of Oradea, Romania issued
its detention order on the name of Attila Nagy. Id.
On January 19, 2013 a European arrest warrant was issued;
and, on January 30, 2013 an international search warrant for
extradition was issued. Id.
December 15, 2017 bond hearing, counsel for Nagy asserted the
existence of “special circumstances” that would
justify bond being issued. Nagy proffered that the following
facts could be established:
• Nagy arrived in the United States in 2001, without
lawful status, on a train that came into the country from
• Nagy has been involved in no criminal activity while
in the United States during the past 16 years.
• The insurance fraud of which Nagy had been convicted
in Romania were not serious offenses under comparable ...