United States v. Bennett

United States v. Bennett

The certified Record of the Case and Supplemental Record contained admissible documentary summaries and anticipated testimony which, when subject to the permitted limited weighing of circumstantial evidence under Ferras/Arcuri, could reasonably support the inferences necessary to convict for fraud (s.380 Criminal Code) and conspiracy to commit fraud (ss.380 and 465 Criminal Code); accordingly the judge ordered committal for surrender to the United States for prosecution.

Citation
2012 BCSC 524
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: John A. Bennett
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2012
Procedural Posture
Extradition / Committal Hearing / Judgment on Committal to Await Surrender
Outcome
Order of committal issued: John A. Bennett committed to custody to await surrender to the United States for prosecution for fraud and conspiracy to commit fraud.
Legal Topics
Fraud, Conspiracy, Double Criminality, Sufficiency of Evidence, Committal Test, Bid‑rigging, Kickbacks
Source Language
English
Criminal Law Extradition Law International Comity Fraud Conspiracy Double Criminality Sufficiency of Evidence Committal Test +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

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

Requesting State

John A. Bennett

Person Sought

Procedural Posture

Extradition / Committal Hearing / Judgment on Committal to Await Surrender

Legal Issues

  1. 1 Whether the Record of the Case and Supplemental Record of the Case are admissible under the Extradition Act
  2. 2 Whether admissible evidence is sufficient to justify committal for trial (prima facie case)
  3. 3 Double criminality: whether the conduct corresponds to Canadian offences

Ratio Decidendi

The certified Record of the Case and Supplemental Record contained admissible documentary summaries and anticipated testimony which, when subject to the permitted limited weighing of circumstantial evidence under Ferras/Arcuri, could reasonably support the inferences necessary to convict for fraud (s.380 Criminal Code) and conspiracy to commit fraud (ss.380 and 465 Criminal Code); accordingly the judge ordered committal for surrender to the United States for prosecution.

Court Disposition

Order of committal issued: John A. Bennett committed to custody to await surrender to the United States for prosecution for fraud and conspiracy to commit fraud.

Orders

  • Order committal of John A. Bennett to custody to await surrender to the United States for prosecution for fraud (Criminal Code s.380) and conspiracy to commit fraud (Criminal Code ss.380 and 465).
  • Person to be held in custody pending surrender (registry/Vancouver to effect custody arrangements).