European Arrest Warrant — Money Laundering — Client Released

Our client was arrested in Italy on a European Arrest Warrant issued in connection with alleged international money laundering. He had been detained in a foreign country, transferred to Italy, and was facing surrender under the EAW procedure. We obtained his release on the grounds that the mandatory custody conditions were not established.

The arrest

The client found himself arrested abroad and transferred to Italy pursuant to a European Arrest Warrant alleging his involvement in an international money laundering network. He was placed in custody following his transfer and brought before the Italian Court of Appeal. He spoke no Italian and had no prior contact with Italian authorities. The experience was profoundly disorienting.

Defence at the validation hearing

At the validation hearing, we challenged the factual and legal basis for the application of custodial measures. The EAW procedure requires the Italian Court of Appeal to verify, inter alia, that the conditions for applying custodial measures under Italian law are satisfied. We demonstrated that the evidence base provided by the issuing authority was insufficient to meet this standard and that less restrictive measures were appropriate.

EAW proceedings in Italy are not a rubber stamp for the issuing country's decisions. The Italian Court of Appeal applies its own legal standards at every stage. Understanding those standards — and arguing them precisely — is what produces results.

Outcome

Our client was released from custody. The EAW proceedings are continuing, but our client is pursuing his full defence from freedom. The Court of Appeal's decision to grant release reflected the deficiencies in the issuing authority's documentation.