Gerald Joseph Caplan v. Thomas R. Vokes, 1 in His Capacity as United States Marshal, and Alexander M. Haig, United States Secretary of State

Gerald Joseph Caplan appeals from a district court order denying habeas corpus relief in an international extradition proceeding. The United Kingdom seeks Caplan’s extradition on 60 charges accusing Caplan and others of theft, forgery, and false accounting in the management of a collapsed London financial firm. In the original extradition proceeding, the district judge, sitting as a committing magistrate under 18 U.S.C. § 3184 , certified Caplan as extraditable on all but the first of these charges. Caplan’s petition for habeas corpus came to be heard before, and was de nied by, the same district judge that had conducted the extradition proceeding. We have jurisdiction of this appeal under 28 U.S.C. § 2253 . For the reasons set forth below, we remand.

FACTS

From February 14, 1968, to December 4, 1973, Caplan was the Chairman and Managing Director of what eventually became the London and County Securities Group, Ltd. (“L & C”). L & C was formed as a holding company for a finance company, London & County [Advance & Discount], Ltd. (“A & D”), in which Caplan had held a controlling interest since 1961. L & C acquired the entire interest in A & D in 1969.

In January, 1969, L & C…