United States of America v. Berke

United States of America v. Berke

The certified Record of Case, Supplemental ROC and admissible viva voce identification evidence satisfy the Extradition Act requirements; identity was established on a balance of probabilities and prima facie; after a limited weighing and holistic appraisal the circumstantial evidence (investor testimony, employee evidence, receiver's findings and forensic accounting) was sufficient that a properly instructed jury could reasonably convict for fraud contrary to s.380 Criminal Code, therefore committal under s.29(1)(a) is ordered.

Citation
2012 BCSC 1998
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Gerald Berke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 September 2012
Procedural Posture
Extradition / Committal Hearing
Outcome
Committal granted; respondent committed into custody to await surrender.
Legal Topics
Committal, Identification, Admissibility of Foreign Evidence, Ponzi Scheme, Limited Weighing of Evidence
Source Language
English
Criminal Law Extradition Law Commercial Fraud Committal Identification Admissibility of Foreign Evidence Ponzi Scheme Limited Weighing of Evidence

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Parties

Attorney General of Canada on behalf of the United States of America

Requesting State

Gerald Berke

Person Sought

Procedural Posture

Extradition / Committal Hearing

Legal Issues

  1. 1 Whether evidence admissible under the Extradition Act justifies committal
  2. 2 Whether the person before the court is the person sought (identity)
  3. 3 Whether the admissible evidence discloses the offence of fraud contrary to s.380 Criminal Code

Ratio Decidendi

The certified Record of Case, Supplemental ROC and admissible viva voce identification evidence satisfy the Extradition Act requirements; identity was established on a balance of probabilities and prima facie; after a limited weighing and holistic appraisal the circumstantial evidence (investor testimony, employee evidence, receiver's findings and forensic accounting) was sufficient that a properly instructed jury could reasonably convict for fraud contrary to s.380 Criminal Code, therefore committal under s.29(1)(a) is ordered.

Court Disposition

Committal granted; respondent committed into custody to await surrender.

Orders

  • Order that Gerald Berke be committed into custody to await surrender.
  • Counsel for the Attorney General of Canada to prepare formal order of committal in accordance with s.29(2) of the Extradition Act.