The below article explains how it is likely PDP candidate Atiku Abubakar was able to visit the US after the expiration of the 5-year statue of limitations for most non capital offenses. Download: US Senate 2010 Report Indicting Atiku
Download: US Senate 2010 Report Indicting Atiku
The fact that Atiku is a potential next president of Nigeria as well as the expiration of the statute are the reasons why Atiku would now be allowed to enter the United States. See article:
Federal Statute of Limitations
Source: https://www.bayarea-attorney.com/federal-statue-of-limitations
What is the Statute of Limitations for Federal Crimes?
The statute of limitations is the time limit for filing charges against the defendant. The general federal statute of limitations for felonies stand for the proposition that the government can no longer file criminal charges for an offense once 5 years has passed. The federal statute of limitations is 18 USC 3282. This statue states:
Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. .
Purpose of the Statute of Limitations
The main purpose of the statute of limitations is to keep defendants from having to defend themselves from charges that occurred so far into the past that it makes it impossible to properly defend oneself. In many of these cases, evidence may no longer be available, making it harder to defend oneself and prove one’s innocence. It would violate the defendant’s right to receive due process under the law and the right to receive a fair trial if a prosecution was to take place under those conditions
The argument that the statute of limitations has run is a defense against a criminal charge, yet if it is not presented before a trial begins, the defendant likely has waived their right to use this as a defense. In order to successfully use the statute of limitations defense, it is necessary to show that the criminal complaint or indictment was filed after the 5 year period of the statute of limitations had run.*
Exceptions to the Statute
The statute of limitation does have exceptions. Federal law says that the general 5-year statute of limitations applies in every case unless there is a specific code section that extends the statute of limitations for that particular offense. For capital crimes, such as the capital murder, there is no statute of limitations (18 USC 3281). . Terrorism is also not subject to any statute of limitations where the offense caused death or serious bodily injury or harm (18 USC 3286). Sexual offenses against children also have no statute of limitations (18 USC 3283) .
Many white collar crimes have their own statute of limitations. For example, an offense against the Internal Revenue Service is governed by 26 USC 6531 . Federal tax law states that charges for tax crimes such as tax evasion, 26 USC 7201 , failure to file a tax return, 26 USC 7203, must be filed within 6 years from the date of the offense.
Major fraud against the United States has certain conditions for the statute of limitations. The charge of major fraud against the US is established by 18 USC 1031 and must involve at a minimum 1,000,000. A person guilty of an offense where he knowingly defrauds the federal government in any grant, contract, loan, federal assistance, etc. is subject to 10 years in federal prison. The statute of limitations for major fraud against the United States is 7 years from the date that the crime was committed.
