116 F. Supp. 3d 412
S.D.N.Y.2015Background
- Poland petitions the Court to certify Khochinsky extraditable under the U.S.–Poland Extradition Treaty for a painting looted by Nazis and later moved by the Soviet Army.
- Khochinsky, a Russian citizen residing in New York, allegedly acquired the 1754 Pesne painting 'Girl with Dove' knowing it was stolen.
- Extradition Complaint filed February 25, 2015; Khochinsky moved to dismiss, challenging various theories about title and possession.
- An evidentiary hearing occurred June 17, 2015; Poland presented historical provenance and postwar recovery context; Khochinsky testified and called experts.
- The Government asserts the charge includes post-May 18, 2010 conduct (sale/concealment) beyond the pre-May 18, 2010 acquisition, to expand the offense.
- The Court concludes the charge is limited to acquiring the Painting before May 18, 2010 and denies extradition for lack of probable cause that Khochinsky knew it was stolen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of charged offense | Poland argues broader post-2010 conduct constitutes the offense. | Khochinsky contends only pre-2010 acquisition is charged. | Charge limited to pre-2010 acquisition of the painting. |
| Probable cause to prove knowledge of theft | Poland must show Khochinsky knew the Painting was stolen. | Poland should prove knowledge through circumstantial indicators and conduct. | Government failed to prove Khochinsky knew the Painting was stolen before 2010. |
| Admissibility and evidentiary standards in extradition | Evidence should be admissible to meet probable cause under 18 U.S.C. § 3190 and treaty. | Extraterritorial and hearsay considerations do not cure missing knowledge. | Probable cause not established; extradition petition denied. |
Key Cases Cited
- Cheung v. United States, 213 F.3d 82 (2d Cir. 2000) (examination of extradition standards and sufficiency of evidence)
- United States v. Howard, 489 F.3d 484 (2d Cir. 2007) (probable cause standard in criminal arrests)
- Collins v. Loisel, 259 U.S. 309 (1905) (extradition proceeding use of probable-cause standard)
- Melia v. United States, 667 F.2d 300 (2d Cir. 1981) (hearsay evidence admissible in extradition)
- Lo Duca v. United States, 93 F.3d 1100 (2d Cir. 1996) (extradition procedure as a screening for probable cause)
- Glucksman v. Henkel, 221 U.S. 508 (1911) (principles governing scope of criminal charges and due process)