A footnote to the Swiss indictments: can they be extradited?

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I’ve posted the indictments against two Swiss bankers, issued yesterday in the USA.

Note (para 13) they’re charged with fraud, not tax offences. Why? Note this commentary on the US — Swiss extradition treaty:

 The Switzerland Treaty is distinguished primarily for 
granting a Requested State discretion to deny extradition for 
violations of ``currency policy, trade policy, or economic 
policy,'' or acts ``intended exclusively to reduce taxes or 
duties'' (art. 3(3)). According to the Secretary of State's 
Letter of Submittal, this provision was included in the treaty 
at Swiss behest because Swiss law for the most part prohibits 
extradition for purely fiscal or tax offenses.\2\ The Letter of 
Submittal also states, in what appears to be an expression of 
hope, that ``[T]his provision would not be used to shield from 
extradition underlying criminal conduct, such as fraud, 
embezzlement, or falsification of public documents, if that 
conduct is otherwise extraditable.'' No similar statement 
appears in the treaty itself.

Looks like the US is taking no chances on tax charges: fraud it is.

I think the Swiss know they’d better make it work.


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