United States of America v. Phillips

United States of America v. Phillips

The ROC, though containing summarized and incomplete versions of certain mailings, when read as a whole and excluding conclusory assertions, contained sufficiently reliable evidence and permitted reasonable inferences that the solicitations were dishonest, caused or risked economic loss, and that Mr. Phillips, by...

Source-derived case information.

Citation
2025 BCSC 2295
Parties
Requesting State: United States of America; Person Sought: Terrance Shawn Phillips
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2025
Procedural Posture
Extradition Committal Under the Extradition Act / Committal Hearing (extradition Stage 2)
Outcome
Committal ordered; person committed to custody to await surrender to the Requesting State
Legal Topics
Committal Hearing, Sufficiency of Evidence, Record of the Case (roc), Identification, Actus Reus of Fraud, Mens Rea of Fraud, Section 380 Criminal Code, Extradition Act Provisions (s.29, S.32, S.33, S.37, S.38)
Source Language
english
Extradition Criminal Law Fraud Evidence Committal Hearing Sufficiency of Evidence Record of the Case (roc) Identification +4 more

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Parties

United States of America

Requesting State

Terrance Shawn Phillips

Person Sought

Procedural Posture

Extradition Committal Under the Extradition Act / Committal Hearing (extradition Stage 2)

Legal Issues

  1. 1 Whether the certified ROC contains admissible and sufficiently reliable evidence to establish a prima facie case of fraud under s.380 of the Criminal Code
  2. 2 Whether incomplete/summarized text files of mass‑mail solicitations in the ROC rebut the presumption of reliability and prevent reasonable inferences of dishonesty
  3. 3 Whether the person before the court is the person named in the ROC and whether there is a prima facie connection between him and the alleged conduct

Ratio Decidendi

The ROC, though containing summarized and incomplete versions of certain mailings, when read as a whole and excluding conclusory assertions, contained sufficiently reliable evidence and permitted reasonable inferences that the solicitations were dishonest, caused or risked economic loss, and that Mr. Phillips, by virtue of his central role, had the requisite subjective knowledge; accordingly a prima facie case of fraud was established and the person sought was committed to custody to await surrender.

Court Disposition

Committal ordered; person committed to custody to await surrender to the Requesting State

Orders

  • Order committal into custody of Terrance Shawn Phillips to await surrender to the United States of America pursuant to s.29 of the Extradition Act
  • Inform the person sought that surrender will not occur until after expiry of 30 days and inform him of the right to appeal the committal order and to apply for judicial interim release (s.38(2))