An indictment by a US federal court is a formal legal charge issued by a grand jury charging a person with a federal crime. This means that the government has presented enough evidence to convince a grand jury that there is probable cause to believe that the person committed the crime. This is a key step in opening up criminal proceedings in the US federal justice system.

WHAT IS THE ACCUSATION PROCESS?

A grand jury, made up of citizens, evaluates the evidence presented by prosecutors. This process is secret to protect the reputation of the accused before charges are formally filed.

The grand jury must find probable cause, which is a reasonable basis for believing that a crime has occurred and that the accused is responsible.

TYPES OF CRIMES

Federal charges cover crimes that violate US federal laws, such as fraud, tax evasion, drug trafficking, cybercrime, terrorism and organized crime.

WHAT IS A REQUISITION?

• Specific fees under US federal law: Specific crimes the accused is charged with, citing the statutes violated.
• The factual matrix: A summary of the alleged criminal conduct of the accused person or persons.
• Supporting evidence: Evidence submitted by the prosecution that is sufficient to establish probable cause, although not exhaustive.

LEGAL IMPLICATIONS OF AN ACQUISITION BY A US FEDERAL COURT

• Benefit of the doubt: An indictment is NOT a conviction; the accused is presumed innocent until proven guilty in court.
• Referral to court: After the indictment, the accused must appear before the court, where the charges are read, and the accused can plead guilty or not guilty.
• Process: If the case continues, it goes to trial, where prosecutors must prove guilt beyond a reasonable doubt.

INDICTMENT OF AN INDIAN NATIONAL IN A US FEDERAL COURT

• Applicability of US Jurisdiction:

The US ONLY has jurisdiction over crimes that occur on US soil or against US citizens.

Crimes such as fraud, corruption, money laundering, terrorism and drug trafficking are usually covered by the extradition treaty.

For extradition to take place, the alleged crime must be considered illegal in both the US and India.

WHAT IS THE LEGAL PROCESS AFTER A PERSON HAS BEEN ARRESTED?

1. Issuance of an arrest warrant:

   • After an indictment, the US court usually issues an arrest warrant for the accused. This warrant formally authorizes law enforcement agencies to take the accused into custody.
   • A warrant ensures that the accused can be brought before the court (to hear the charges and enter a plea).

2. If the accused is outside the US:

   • Interpol Red Notice: After the arrest warrant is issued, US authorities can ask Interpol to issue a red notice. A red notice is a global alert to law enforcement agencies that a person is wanted for prosecution or to serve a sentence.
   • In countries like India, a red notice does not automatically compel the accused to answer or be arrested. Indian authorities decide whether to act on the Red Notice and verify the validity of the allegations before making any arrests.

WHAT IS THE EXTRADITION PROCESS?

Before formally requesting extradition, US authorities must gather the evidence they have against the accused and ensure that the evidence supporting the charges meets the requirements of the treaty. The US authorities would then consult with the Indian authorities and confirm that the charges are aligned with the principle of dual criminality (the act is a crime in both countries). Eventually, US authorities will make a formal extradition request through diplomatic channels.

Indian authorities assess the request in accordance with domestic laws and treaty terms, and Indian courts may be tasked with conducting hearings to decide whether the evidence supports extradition.

CAN EXTRADITION BE DENIED?

Yes, the Indian government can refuse to extradite a person in the following circumstances:

• Political crimes: Crimes considered political may not be grounds for extradition.
• Human rights concerns: Extradition may be refused if there is a risk of torture, unfair trial or the death penalty in the US
• Insufficient evidence: If the evidence presented by the US is inadequate, extradition is unlikely.

WHAT CAN BE THE LEGAL DECISION AGAINST THE ACCUSED?

• An indictment can lead to the issuance of a warrant, which can restrict the accused’s travel to the US and cooperating countries.
• The US government can freeze assets or funds related to the accused that fall under their authority.