Partner Ilene Jaroslaw moderated a panel Oct. 9 at the ABA London White Collar Crime Institute titled, “The Extradition Waiver Credit: Myth or Reality?”

The panel featured extradition experts Rebecca Niblock of London, UK; Sören Schomburg of Berlin, Germany; Jaime Campaner of Madrid, Spain; and Lisa Cahill and Florian Miedel of New York, USA.

Whether to waive extradition is a fraught decision for indicted foreign nationals. Harsh detention conditions may leave individuals with no choice but to waive. Indicted individuals at liberty may have the ability to challenge an extradition request. But should they?

This panel addressed the cost/benefit analysis of the extradition waiver. When does waiving make sense, and what credit at a foreign bail hearing and/or at sentencing (if convicted) can that individual reasonably expect? When does it make sense to challenge extradition?