Fugitive Can’t Be Extradited to U.S., Lawyer Says

An Orange County businessman who fled the United States to avoid prosecution on charges of smuggling computer equipment to the Soviet Union cannot be extradited because he did not commit a crime recognized under Canada’s treaty with the United States, his lawyer argued Friday.

Robert Anderson, representing Charles McVey, 63, told the British Columbia Supreme Court that McVey is alleged to have made 11 false statements to the U.S. Customs Service, but those charges are not listed under the joint extradition treaty between Canada and the United States.

Justice Sam Toy continued the hearing to Sept. 11, said William Fahey, an assistant U.S. attorney in Los Angeles.

“The information I received Friday is that the judge adjourned the hearing and actually nothing of substance was decided,” Fahey said.

In Vancouver, Anderson told Justice Toy that, “It’s very important to differentiate between the alleged facts of the particular incident and the crime for which (McVey) is charged.”

McVey, a former resident of Villa Park, Calif., fled the United States just before before his indictment in 1983. The indictment listed 23 counts, including conspiracy and making false statements to the U.S. government as well as shipping high-tech computer equipment to the Soviet Union.

However, the 12 counts of actually exporting the equipment are not considered offenses under Canadian law and therefore cannot be considered in extraditing a person, McVey’s lawyers said.