The United States justice on Tuesday decided that
—accused of corruption charges in Peru— may be extradited, having found sufficient evidence to justify this measure.
"The Court has heard and considered the evidence of criminality and deems it sufficient to sustain the charges of collusion and money laundering under the provisions of the Extradition Treaty Between the United States of America and the Republic of Peru,"
Judge Thomas S. Hixson said in his decision.
According to the document, on July 15, 2019, the United States filed a criminal complaint against Toledo, charging him with influence peddling in violation of Section 400 of the Peruvian Criminal Code, collusion in violation of Section 384 of the Peruvian Criminal Code, and money laundering in violation of Article 1 of Peruvian Act No. 27765, pursuant to the U.S.-Peru Treaty and 18 U.S.C. § 3184.
In July 2019, the Court ordered that Toledo be detained. During the first months of the extradition proceedings he was incarcerated at Santa Rita Jail and Maguire Correctional Facility, considering that there was a risk of flight.
However, because of the COVID-19 pandemic, he was released on March 20, 2020, to serve house arrest wearing an electronic shackle.
2021
On August 12, 2021, the United States filed a supplement to the extradition request (“SER”) —submitted by Peru and authenticated pursuant to 18 U.S.C. § 3190. ECF No. 171.
The SER is two documents: a dismissal of certain charges against other defendants, and a criminal information against Toledo and other defendants. The criminal information reflects that the influence peddling charge has been dropped and that Toledo is now charged only with collusion and money laundering.
According to the investigations of the Peruvian Prosecutor's Office, 75-year-old Toledo would have received up to US$35 million from the construction company Odebrecht in exchange for favoring the Brazilian company in its business in Peru, when he was still President of the Republic.
"The case against Toledo is not airtight. There are contradictions between the two principal witnesses against him and inconsistencies in each witness's statements over time. If defense evidence that the Court believes is inadmissible were admitted, it would show there are additional fact disputes for trial. However, these issues do not defeat probable cause to believe that Toledo committed collusion and money laundering," the order said.
"For the reasons explained above, pursuant to 18 U.S.C. § 3184, the Court certifies to the Secretary of State that the evidence of criminality is sufficient to sustain the charges under the U.S.-Peru Treaty," it concluded.