United States v. Sam Merit

In 1987, Sam Merit and five co-defendants were indicted on one count of wire fraud ( 18 U.S.C. § 1343 ), ten counts of interstate transportation of a victim of fraud ( 18 U.S.C. § 2314 ), one count of fraud in the sale of securities (15 U.S.C. § 77q), one count of sale of unregistered securities (15 U.S.C. § 77e), and one count of conspiracy to commit offenses against the United States ( 18 U.S.C. § 371 ), in connection with a fraudulent gold-mining operation in Arizona. Merit appeals his convictions on count 1 (wire fraud) and count 14 (conspiracy), claiming that his 1988 extradition from the Republic of South Africa was unlawfully obtained.

In granting the United States’ extradition request, the Republic of South Africa failed to issue a formal warrant of extradition. Because a warrant never issued, Merit argues that 18 U.S.C. § 3192 barred the exercise of in personam jurisdiction by the district court. Merit also contends that the district court lacked jurisdiction because the acts alleged in the indictment do not constitute crimes in both the United States and South Africa as required by the principle of dual criminality, embodied in this country’s treaty of extradition with…