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United States v. Bokhari

United States Court of Appeals for the Seventh Circuit

May 20, 2014, Argued; July 3, 2014, Decided

No. 14-1103

Opinion

 [*666]  Tinder, Circuit Judge. Raza Bokhari appeals the denial of his pretrial motion to dismiss the indictment and quash the arrest warrant pending against him in the United States District Court for the Eastern District of Wisconsin. This interlocutory appeal is complicated by the fact that Bokhari currently resides in Pakistan. Efforts to extradite him have so far been unsuccessful, and he apparently has no intention of returning to the United States. As explained below, we now dismiss part of Bokhari's appeal as an improper attempt to seek interlocutory review of a non-final pretrial order.  [**2] We otherwise affirm the district court's decision, albeit on different grounds.

I Background

Bokhari is a dual citizen of the United States and Pakistan. In 2000 he resided in Wisconsin, where he had lived for more than a decade. Over the next two years, Bokhari allegedly conducted a fraudulent scheme with his brothers, Haider and Qasim Bokhari, in which the trio bilked a nonprofit entity that administered the E-Rate Program, a federal project designed to improve internet and other telecommunications services for disadvantaged schools, out of an estimated $1.2 million. According to the government, the brothers used Raza Bokhari's experience with the E-Rate program to fabricate and submit fraudulent work invoices and related documents claiming unearned compensation for work on various schools' infrastructures that was never performed. In 2001, as the alleged fraud was still ongoing, Bokhari moved to Pakistan, where, according to the government, he continued directing the illegal scheme.

In September of 2004, a federal grand jury in the Eastern District of Wisconsin returned an eight-count superseding indictment charging the three brothers with mail fraud, money laundering, and related  [**3] charges. Haider and Qasim Bokhari each pleaded guilty and were sentenced to more than five years in prison.

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757 F.3d 664 *; 2014 U.S. App. LEXIS 12709 **; 2014 WL 2975244

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAZA BOKHARI, Defendant-Appellant.

Prior History:  [**1] Appeal from the United States District Court for the Eastern District of Wisconsin. No. 2:04-cr-00056-RTR-1 — Rudolph T. Randa, Judge.

United States v. Bokhari, 993 F. Supp. 2d 936, 2014 U.S. Dist. LEXIS 868 (E.D. Wis., Jan. 6, 2014)

CORE TERMS

extradition, indictment, fugitive, district court, comity, speedy trial claim, collateral, disentitlement, probable cause, merits, court's decision, mandamus, magistrate judge, preclusive effect, speedy trial, pretrial, notice

Criminal Law & Procedure, Appeals, Appellate Jurisdiction, Collateral Order Doctrine, Final Judgment Rule, Dismissal, Grounds for Dismissal, Delay in Filing, Preliminary Proceedings, Extradition, General Overview, Grand Juries, Investigative Authority, Independence of Grand Jury, Accusatory Instruments, Warrants, Probable Cause