On April 21, 2023, former President of Peru, Alejandro Toledo, surrendered to the U.S. Marshals Service in California, to be extradited to Peru, where he faces charges of corruption and money laundering. These charges stem from his alleged acceptance of millions of dollars in bribes from the Brazilian construction company Odebrecht in connection with awarding government contracts during his presidency from 2001 to 2006. Toledo arrived in Peru yesterday, April 23, 2023.

Toledo’s surrender and extradition to Peru caps a years-long process. Charges were brought against Toledo in Peru in 2018. Peru sought his extradition the same year. The U.S. Department of Justice commenced extradition proceedings in mid-2019 before a magistrate judge in the U.S. District Court for the Northern District of California. Toledo was arrested and initially ordered detained for the pendency of the extradition proceedings, but was then released under house arrest following the onset of the COVID-19 pandemic. 

Toledo vigorously contested his extradition in three courts—the U.S. District Court for the Northern District of California, the US Court of Appeals for the Ninth Circuit, and the U.S. District Court for the District of Columbia. He also petitioned the U.S. State Department not to authorize his extradition to Peru. Ultimately, Toledo was unable to persuade any court or the State Department to deny or to further delay his extradition. He has now been transported to Peru to face trial.

Foley Hoag counseled the Republic of Peru throughout the extradition process. “We are thrilled and honored to have helped Peru achieve this historic moment to ensure that justice is carried out and corruption is stopped at all of levels of government, without exception to power or station,” said Foley Hoag partner Clara Brillembourg.

Leveraging its experience in international and foreign law, white collar crime, and civil litigation, Foley Hoag assisted Peru to prepare the extradition request, acted as a liaison with the U.S. authorities, and provided advice regarding Toledo’s various legal challenges to his extradition. 

Toledo’s extradition is the third instance in which the United States has extradited a former head of state to face charges in his home country. Foley Hoag has counseled the requesting state in two of those cases: in addition to Mr. Toledo, the firm assisted Panama to extradite its former President Ricardo Martinelli to face illegal wiretapping charges in 2018.

Foley Hoag’s team was led by Clara Brillembourg, and included Nicholas Renzler, Tony Mirenda, Jose Rebolledo, Ivana Mariles Toledo, Andreamarie Efthymiou and Nancy Lopez.