Pubdate: Wed, 23 Feb 2000
Source: Toronto Star (CN ON)
Copyright: 2000, The Toronto Star
Contact:  http://www.thestar.com/
Author: Tracey Tyler, Legal Affairs Reporter

TORONTO MEN FACE HEROIN CHARGES IN U.S.

Four Toronto-area men have been ordered extradited to the United States to
stand trial in connection with an alleged heroin trafficking conspiracy.

The U.S. government waged a four-year battle to extradite Vincenzo
Commisso, his cousin Rocco Commisso, Cosimo D'Agostino and Matthew Szabo
and was successful yesterday in the Ontario Court of Appeal.

Unless the men seek an appeal to the Supreme Court of Canada, the next step
will be for federal Justice Minister Anne McLellan to review yesterday's
court ruling and make a final decision on sending them to New York for trial.

A three-judge appeal court panel overturned Mr. Justice Ted Matlow's 1997
decision to deny the extradition request on the grounds the alleged drug
conspiracy had little, if any, U.S. connection.

The Americans appealed, arguing that the Ontario Superior Court judge was
only supposed to consider whether the alleged crimes were something that
would be punished in Canada, not the strength of any U.S. component.

The men were indicted by a grand jury in New York on June 12, 1996, after
an FBI probe that relied on the help of a Brooklyn-based witness.

U.S. prosecutors allege the witness met with one of the men in a Brooklyn
cafe in 1993 to set up the purchase of a half kilogram of heroin and later
came to Toronto and Woodbridge with the hope of buying it cheaper in
Canada. FBI agents accompanied him here.

Prosecutors allege nearly half a kilo was sold here, and another half kilo
in the U.S., where the grand jury has indicted them on charges of
conspiring to import and distribute heroin.
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