An American criminal case usually reaches an Israeli without warning. It may be an arrest at Ben Gurion Airport on the way to a holiday, a knock on the door from INTERPOL officers, or a news report about a federal indictment in New York or California. The United States sends extradition requests to Israel regularly, and its cases are built over months and years before anyone in Israel hears about them. What happens in Israel during the first weeks shapes everything that follows, so it helps to understand how the process is structured and where it can be influenced.
Representing Israelis in United States criminal cases
I have practised criminal law and extradition since 1998, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. The Bar Association also appointed me as the first Israeli representative on the international committees for extradition and global crime in Europe and the United States. A large share of the extradition cases our firm handles are American, and they mainly concern computer and cyber offences, crypto, fraud and money laundering.
At the Israeli stage we represent the requested person before the Jerusalem District Court and the Supreme Court. Once the case moves to the United States, the defence in federal court is conducted by American defence counsel, and we coordinate the line of defence with them so that nothing argued in Israel undermines what will be argued there.
American cases our firm handles
I am currently representing, together with attorney Shai Shorer, one of the Israelis in the deepfake affair, in which federal prosecutors in the Southern District of New York filed an indictment alleging a fraud of about 129 million dollars. Our client was arrested in the United Kingdom, and the American extradition request has not yet been decided. Our position is that the indictment contains no evidence establishing his involvement. The British side of such cases is covered on our page on criminal defence in the United Kingdom.
In the case of Alexander Block, who was arrested at Ben Gurion Airport at the request of the United States on suspicion of withdrawing tokens worth about 2.8 million dollars from an American crypto company, we joined at the appeal stage. We raised new arguments on how the offence of intrusion into computer material should be interpreted, and on money laundering over a public blockchain. The Supreme Court approved the extradition but recognised that the arguments raise a new legal question, and his defence on the question of innocence continues in the United States. We have also represented requested persons in ransomware and cyber cases, drug cases and sexual offence cases in which the United States sought extradition.
How extradition to the United States works
The basis: the extradition treaty and the 2005 protocol
Extradition between Israel and the United States rests on a treaty from 1962, amended by a protocol signed in 2005 that entered into force in January 2007. The protocol replaced the old list of extraditable offences with a rule of dual criminality, so that a person can be extradited for conduct that is an offence in both Israel and the United States. In Israel the process is governed by the Extradition Law, 5714-1954, which is explained more generally on our page on extradition to and from Israel.
What happens in Israel
When an American request arrives, the requested person is usually arrested, and the State files a petition with the Jerusalem District Court to have him or her declared extraditable. The court does not decide whether the person is guilty. It examines whether there is prima facie evidence that would be sufficient to put the person on trial in Israel, whether the conduct is an offence in both countries, and whether one of the statutory exceptions applies, such as an offence of a political character, a request rooted in discrimination or harm to public policy. That decision can be appealed to the Supreme Court, and even after a person has been declared extraditable, the final decision on surrender rests with the Minister of Justice.
When the requested person is an Israeli citizen
An Israeli citizen who was resident in Israel at the time of the offence is extradited only to stand trial, and only after the United States undertakes to return him to serve his sentence in Israel if he is convicted. This does not prevent extradition, but it changes the picture considerably for the requested person and for the family.
Detention, conditional release and the stage where the outcome can be influenced
Detention at the start of extradition proceedings is not inevitable. Conditional release can be requested, and the conditions usually include a ban on leaving the country, a cash deposit and guarantors. At the same time it is worth examining the American case itself: what exactly the indictment says, what role the evidence attributes to the requested person, and whether there is room to approach the American prosecutors before the case ever reaches the United States. In cyber and forex cases, where dozens of people worked within the same system, the distinction between a developer, an employee and the person who controlled the money is often the central question.
A person who has not been arrested but knows or fears that there is a case against them in the United States should think carefully before any trip abroad. An arrest in a third country on the basis of an INTERPOL Red Notice adds another set of extradition proceedings, in a country whose law you do not know.
What our representation covers
- Urgent review of the extradition request, the arrest warrant and the American indictment
- Representation at detention hearings and in applications for conditional release
- Representation on the extradition petition before the Jerusalem District Court and on appeal to the Supreme Court
- Submissions to the Minister of Justice at the stage of the decision on surrender
- Coordination with American defence counsel in federal court, including on questions of plea bargaining
- Handling the request to serve the sentence in Israel
- Careful media handling in cases that attract public attention
Why early action matters
In an American case the first decisions come quickly: whether to contest extradition or consent to it, what to say if questioned in Israel, and how to manage contact with the American side. Each of these steps also affects the proceedings in the United States. If you learn of an investigation, an indictment or an extradition request, take advice before giving any account and before any travel abroad. Our firm can be reached 24/7 on +972-3-6969080.
Frequently asked questions
Does Israel extradite its own citizens to the United States?
Yes. An Israeli citizen who was resident in Israel at the time of the offence is extradited for trial only, on condition that the United States undertakes to return him to Israel to serve any prison sentence imposed.
Which court hears a US extradition request?
The Jerusalem District Court, and its decision can be appealed to the Supreme Court. Even after a person has been declared extraditable, the final decision on surrender rests with the Minister of Justice.
Does the Israeli court decide whether I am guilty?
No. In extradition proceedings the court examines whether there is prima facie evidence that would be sufficient to put you on trial in Israel and whether a bar to extradition applies. The question of guilt is decided by the court in the United States.
Can I be released from detention during the extradition proceedings?
In appropriate cases, yes, on conditions such as a ban on leaving the country, a cash deposit and guarantors. The decision depends on the seriousness of the suspicion, the risk of flight and the alternative proposed.
Who represents me in court in the United States?
American defence counsel. We represent you at the Israeli stage and coordinate the line of defence with them, so that what is argued in Israel also serves the defence in the United States.
Official legal sources
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עורך דין פלילי בארצות הברית.
