including glossary, phrasal verbs, and key expressions
This week, Kim Dotcom’s extradition to the U.S. was a hot topic, and as a legal English instructor, I couldn’t be more thrilled.
To be honest, before this week, I didn’t really know who Kim Dotcom was—and knowing me, I’ll probably forget his name by the time I finish writing this post. However, Dotcom’s extradition case offers a wealth of vocabulary, phrasal verbs, and expressions for my students to explore and that’s what makes it an exciting case! It's also why I created this post and English learner's guide to the Dotcom case, which you can download below.
Think of it as a fun way to enhance your technical legal English while also giving you an interesting topic to discuss in more casual settings, like those tricky networking events your firm might send you to.
To make it easier to navigate, this post is broken down into four sections: vocabulary and phrasal verbs spotlight, grammar and writing tips, case analysis, and cultural and professional insights.
It also includes a free mini-guide with a copy of this post for future reference, along with a glossary of key case-related terms and their definitions, phrasal verbs, and useful expressions. Just download it here.👇
I. Vocabulary and Phrasal Verbs Spotlight
In American legal English, extradition is defined as a formal process by which a person found or located in one country is surrendered by that country to another, so the person can stand trial, be sentenced, or serve a sentence in the United States.
Under U.S. law (18 U.S.C. § 3184), extradition is usually granted if the U.S. has an extradition treaty with the government of the country where the person is located. The person is generally referred to as the fugitive.
Some countries grant extradition without a treaty. When they do, it’s not usually out of the goodness of their hearts—they do it for an offer of reciprocity. This means they allow the U.S. to extradite someone from their country but, in return, ask the U.S. to surrender someone to them, although not necessarily at the same time.
The person who requests the extradition is typically a federal or state prosecutor, with the help and advice of the Criminal Division's Office of International Affairs (OIA), which you might recognize from Hollywood films like “The Fugitive” or “Catch Me If You Can.”
The procedure is broken down into parts:
1. Determination of Extraditability: Prosecutors and the OIA first have to determine whether the person can be extradited.
2. Request for Provisional Arrest: This involves asking the country where the fugitive is found to arrest the person temporarily.
3. Formal Request for Extradition: This step involves asking the country where the fugitive is detained to allow the U.S. to take custody of the person.
This entire process also involves submitting several documents, which must be translated into the language of the country where the fugitive is found.
These documents include:
- An affidavit from the prosecutor explaining the facts of the case and the charged offenses.
- Copies of the statutes alleged to have been violated and the statute of limitations.
- Certified copies of the arrest warrant and complaint or indictment if the fugitive has not been prosecuted.
- Evidence, which may need to be in the form of witness affidavits, reports, documentary evidence, or summaries, establishing that the crime was committed, including sufficient evidence (e.g., photograph, fingerprints, and affidavit of identifying witness) to establish the defendant's identity.
- If the fugitive has been convicted, a certified copy of the order of judgment and committal establishing the conviction, and an affidavit stating that the sentence was not served or was only partially served, specifying the amount of time remaining to be served, and providing evidence concerning identity.
Translations of these documents can take up to three weeks, according to the U.S. Department of Justice, and the cost of translating the extradition package is covered by the U.S. Attorney’s Office or the state prosecutor’s office requesting extradition.
The Department of State then sends the extradition documents and translations to the U.S. Embassy in the foreign country. The Embassy attaches a diplomatic note to them, formally requesting extradition from the appropriate agency of the foreign government, usually the foreign ministry.
II. Grammar and Writing Tips
Because the U.S. prosecutor does not have the opportunity to appear before the foreign court, the written submission, especially the prosecutor's affidavit, is written in heavily persuasive language. In fact, the U.S. Department of Justice’s Justice Manual says in no unequivocal terms that persuasive writing is “essential when the charges are based on statutes unique to U.S. law, such as RICO or CCE” (J.M. 9-15.30 – Procedure in the Foreign Country).
So, the question is, as an English learner, how can you use grammar to make your writing persuasive in English?
1. Use Active Voice: Active voice makes your writing clearer and more direct, which is essential for persuasive communication. Instead of saying, “The extradition request was submitted by the authorities,” say, “The authorities submitted the extradition request.” This structure emphasizes the subject's action, making your writing more assertive. The more assertive your writing is throughout the entire piece, the more persuasive it will “sound” to your readers in key parts of your document.
2. Employ Parallel Structure: Parallelism involves using the same grammatical structure for similar elements within a sentence. This technique enhances the rhythm and clarity of your writing, making your arguments more persuasive. For example, “We must gather evidence, file the extradition request, and prepare for the hearing” is more effective than “We must gather evidence, file the extradition request, and the hearing preparation must be done.”
3. Use Conditional Sentences for Hypotheticals: When presenting potential outcomes or arguments, conditional sentences ("if-then" statements) help clarify your points and add logical structure. For instance, “If the extradition request is approved, then the fugitive will be transferred to face trial, and justice will be served” helps to clearly present cause-and-effect relationships, strengthening whatever argument you’ve presented elsewhere in your piece.
Want me to teach you how to do this? Book a FREE discovery call with me to learn about my one-on-one classes, group classes, and other training programs.
III. The Case and Criminal Charges
The case itself is quite interesting. Kim Dotcom, whose real name is Kim Schmitz, is a German-Finnish internet entrepreneur who also goes by the names Kimble and Kim Tim Jim Vestor.
He first rose to fame in the 1990s in Germany for being a super hacker and mega internet entrepreneur. However, he was arrested in 1994 for trafficking in stolen phone calling card numbers. He was later convicted of computer fraud, data espionage, and embezzlement, and served time in Germany. Eventually, though, he made his way to New Zealand, where he rose to the top with a file-hosting service called Megaupload.
Megaupload is what got him in trouble with the U.S. Department of Justice, which pressed charges against him in 2012 for criminal copyright infringement, money laundering, racketeering, and wire fraud (all these words are in my free mini-glossary). But Dotcom was living in New Zealand at the time.
So, following a procedure similar to the one I described above, U.S. authorities requested help from New Zealand authorities to authorize a raid of Dotcom’s mansion in Auckland, New Zealand, after which he was arrested. However, being a man of means, Dotcom was able to post bail and initiate legal proceedings to prevent his extradition to the U.S.
In fact, his lawyers managed to delay the extradition through multiple appeals and a judicial review. However, his long battle to avoid extradition from New Zealand to the United States finally ended this Thursday when New Zealand Justice Minister Paul Goldsmith publicly announced he had signed the extradition order. If convicted, Dotcom now faces a lengthy prison term.
IV. Cultural and Professional Insights
In addition to all the grammar and vocabulary highlighted above, there are at least three helpful things we can take away from this case.
Different Attitudes Toward Extradition: While some nations might see extradition as a legal obligation, high profile cases like this highlight the view that extradition can also be a political tool influenced by international relations and public opinion.
Public Reactions and Media Coverage: Kim Dotcom’s case has been portrayed quite differently in U.S. and New Zealand, compared to other countries that have different attitudes toward extradition. What’s interesting to me as a lawyer-linguist is observing the role of the media in shaping perceptions of justice and legality in these high-profile cases.
Globalization of Legal Practice: This case also highlights the increasing globalization of law practice, where lawyers must be aware of not just domestic law but also international treaties, foreign legal systems, global human rights standards, and of course legal English.
If you're looking to enhance your legal English skills and confidently navigate the complexities of international law, I can help. Click here to book a discovery call with me and take the next step in advancing your career in the law.
Before you leave, don't forget to take your free mini-guide with a copy of this post for future reference, along with a glossary of key case-related terms and their definitions, phrasal verbs, and useful expressions. Just download it here. 👇
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