US Magistrate Judge Thomas Hixson ordered on Tuesday that the former president of Peru, Alejandro Toledo, be extradited to Peru.
Toledo fled to the US after the Republic of Peru charged him with collusion and money laundering. The US also filed criminal charges against Toledo, accusing him of violating the Peruvian Criminal Code by influence peddling, colluding, and money laundering in Peru. Soon thereafter, the court ordered Toledo detained.
In August, Peru submitted a supplemental extradition request containing criminal information against Toledo, including details relating to the collusion and money laundering charges. Within a month, Toledo filed a motion to deny extradition and argued that the US and Peru lacked probable cause he committed the charged offenses. The US, however, countered that there was probable cause and asked the court to “deny Toledo’s motion and certify his extradition.”
Judge Hixson pointed to Article I of the US-Peru Treaty, which requires the US to surrender and extradite fugitives charged with an “extraditable offense.” Extraditable offenses are those that are “punishable under the laws of both the United States and Peru by a deprivation of liberty for a maximum period of more than one year or by a more severe penalty.” The court found that Toledo’s
conduct that is the subject of the collusion charge would be punishable under [US] law as conspiracy to defraud the United States . . . and the conduct that is the subject of the money laundering charge would be punishable as money laundering … or as transporting funds for the purpose of laundering.
The court admitted that “the case against Toledo is not airtight” because of contradicting witness statements, but it nonetheless found that this flaw did not “defeat probable cause to believe that Toledo committed collusion and money laundering.”
Before Toledo can be extradited, the US Department of State must provide final approval. Still, Peru Justice Minister Anibal Torres tweeted that he welcomed Judge Hixon’s order and its support for Peru’s right to try Toledo.
