News 24 Jun. 2021
Curtis successfully defends foreign states' procedural privileges in the UK Supreme Court
News 23 Jun. 2021
Ibrahim Elsadig joins Curtis as Partner in Dubai
News 09 Aug. 2021
Curtis, Mallet-Prevost, Colt & Mosle enters into association with Chevalier Law in Singapore.
Event 23 Apr. 2021
Partner Borzu Sabahi to speak on Damages, Enforcement and Annulment of Arbitral Awards at Executive Training Program hosted by the Government of India and the Indian Institute of Foreign Trade
Client Alert 13 Oct. 2021
Green Claims Code: How the UK Competition and Markets Authority is saying “enough” to corporate greenwashing
Event 21 Sep. 2021
Partner Simon Batifort Lectures on the Defense of States in Investment Arbitration at Université Paris Nanterre
News 15 Oct. 2021
Claudia Frutos-Peterson and Elisa Botero Ranked Among the Top 100 Female Lawyers in Latin America by Latinvex
News 13 Oct. 2021
Curtis Joins The Appellate Project to Promote Appellate Practice to Diverse Law Students
News 20 Sep. 2021
Curtis Successfully Defends the Sultanate of Oman and Oman Aluminium Rolling Company LLC in U.S. Department of Commerce Trade Case
News 16 Aug. 2021
Curtis Establishes Presence in Saudi Arabia
Client Alert 05 Oct. 2021
Proposed Legislative Changes to Federal Estate, Gift and Trust Taxation
Publications 22 Sep. 2021
Client Alert 24 Jun. 2021
U.S. Insight: Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021)
U.S. Insight: Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021)
News 21 Dec. 2016
The Higher Regional Court of Frankfurt issued a decision on December 8 denying a U.S. request to extradite Mr. Roger Keller on tax fraud and conspiracy charges pending in the Southern District of New York. Curtis Partner Jacques Semmelman and counsel Gabriel Hertzberg served as Mr. Keller’s extradition counsel, along with Grub Brugger of Frankfurt.
Mr. Keller, formerly with Wegelin Bank in Switzerland, had been indicted on charges that he engaged in tax fraud and conspiracy by opening undeclared accounts for numerous U.S. customers of the bank. Wegelin Bank had pleaded guilty in 2013, based upon these and related allegations, to criminal charges in the Southern District and had shut its doors after 275 years of operation. Mr. Keller was detained in Germany, while travelling, pending extradition to the United States.
The German court initially authorized extradition on certain counts, but denied extradition on other counts, on the grounds that these other counts did not satisfy the doctrine of dual criminality, pursuant to which extradition may only be granted for conduct that is a crime in both countries. Mr. Keller nevertheless faced extradition to the United States.
Mr. Keller’s criminal defense attorney in the Southern District case, Thomas Green of Sidley Austin LLP, brought Mr. Semmelman in as extradition counsel.
The initial decision implicated the doctrine of specialty, pursuant to which an extradited defendant may only be prosecuted for charges authorized by the extraditing country. The issue thus became whether the United States would abide by the doctrine of specialty and limit prosecution to the specific charges authorized by the German court.
In a 2015 New York Law Journal article, Messrs. Semmelman and Hertzberg had argued that the decision in United States v. Suarez (791 F.3d 363 (2d Cir. 2015)), in which the Second Circuit had refused to enforce the doctrine of specialty on the rationale that a defendant lacks prudential standing to enforce the doctrine, was deeply flawed in several respects. Suarez was presented to the German court as proof that the United States could not be expected to abide by the doctrine of specialty with respect to Mr. Keller, and that extradition should therefore be denied altogether.
In its December 8 decision, the Higher Regional Court cited repeatedly to Suarez, vacated the earlier order, denied extradition outright, and allowed Mr. Keller to return to Switzerland.