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In re Extradition of Nagy

United States District Court, N.D. Ohio, Eastern Division

December 21, 2017



          Thomas M. Parker, United States Magistrate Judge.

         I. Introduction

         This 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.

         II. Factual Record and Contentions

         The 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.

         The United States and Romania signed an extradition treaty on September 10, 2007. ECF Doc. 1-3, p. 39.

         Nagy 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.

         Nagy 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.

         The 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 considered. Id.

         Because 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.

         At the 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 Canada.
• 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 ...

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