United States District Court, E.D. New York
MILDRED M. WHALEN, ESQ., Federal Defenders of NY, Inc., Brooklyn, NY, for the Petitioner.
LORETTA E. LYNCH, ESQ., United States Attorney, NATHAN D. REILLY, ESQ., Assistant United States Attorney, Brooklyn, NY, for Respondents.
MEMORANDUM AND ORDER
FREDERIC BLOCK, Senior District Judge.
Monika Kapoor ("Kapoor") petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. She challenges Magistrate Judge Levy's grant of the government's request to certify her extradition to India. See April 17, 2012 Memorandum and Order in Case No. 11-M-45 ("April 17, 2012 M&O"). Kapoor argues that the magistrate judge erred by refusing to consider proffered evidence at her probable cause hearing. She also argues that she was charged only with conspiracy and that the charge fails to satisfy the requirement of dual criminality. For the reasons set forth below, the petition is DENIED.
1. The Scheme
India's request for Kapoor's extradition alleges that she and her two brothers engaged in a scheme in 1998 in which they forged export documents for 16 gold jewelry transactions, and then used those documents to obtain Replenishment Licenses. These licenses were issued by the Indian government to exporters of goods to allow them to import-duty free-raw materials and components used in making the goods they exported.
Replenishment Licenses were transferable. Under the alleged scheme, Kapoor and her brothers sold 14 of the 16 Replenishment Licenses to Deep Blue Imports, a company that subsequently used the licenses to import gold, duty-free, at a loss to the Indian government of approximately $679, 000.
2. Indian Investigation, Charges & U.S. Immigration Proceedings
The Indian government began an investigation in 1999 against Kapoor and her brothers. Later that year, Kapoor moved to the United States. Over a decade later, in January 2010, U.S. Immigration and Customs Enforcement ("ICE") officials took her into custody for overstaying her visa. In April 2010, an Indian court issued a warrant for her arrest, and India presented its request for her extradition in October 2010 along with evidence of the following activities that were attributable specifically to Kapoor:
(1) owning the company, "Monika Overseas, " that submitted six of the fraudulent Replenishment License applications;
(2) signing the license applications and the accompanying forged documents;
(3) receiving licenses at her home;
(4) and selling the licenses to Deep ...