Forstein, Columbia Journal of Transnational Law

The Specialty Clause

by Eric Jackson

All along since his extradition from the United States, Ricky Martinelli has been insisting that he is protected by the “specialty clause” of the 1904 US – Panamanian extradition treaty. I says it’s misguided because that was not the only treaty invoked in the extradition request. The Budapest Cyber Crimes Convention was also invoked and that has no specialty clause.

ANYWAY, what the specialty clause says is that if you are extradited for one crime or set crimes, you can’t then be tried for something else. Not right away, anyway. You are allowed to return to whence you were extradited, and proceedings over extradition for other crimes might ensue then. Might all be moot, given that Panama has no tolling statute on its statutes of limitation. But not necessarily as regards any proceeds from criminal activities. As long as those assets – say, a NEWSPAPER CHAIN – are under the bad guy’s direct or indirect control, that’s an ongoing money laundering offense.

And what if Panama says, “Fine, Ricky. Go back to Miami and we’ll see you in Round 2” – and then The Donald’s rednecks at la migra decide that THIS Latin American is a scruffy wannabe immigrant who isn’t white enough to get in?

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