Onder 2.2.3. Hoge Raad 1 juli 2014

6. On April 16, 2013, a federal grand jury, sitting in the District of the Virgin Islands, issued a two-count criminal indictment charging [betrokkene 1], [betrokkene 2] and [de opgeëiste persoon] with conspiracy to possess with the intent to distribute a controlled substance on board a vessel subject to the jurisdiction of the United States, in violation of Title 46, United States Code, Sections 70503 and 70506(b), and possession with the intent to distribute a controlled substance on board a vessel subject to the jurisdiction of the United States, in violation of Title 46, Section 70503. An indictment is a formal accusation or charging document issued by a grand jury, which is a part of the judicial branch of the U.S. government. A grand jury consists of 16 to 23 citizens impaneled to review evidence of crimes presented to it by United States law enforcement authorities. Each member of the grand jury must review the evidence presented and determine whether there is probable cause to believe that a crime has been committed and that it is likely that the defendant committed the crime. The grand jury may return an indictment charging the defendant with a crime when at least 12 grand jurors determine that it is more likely than not that the defendant committed the crime. After an indictment is returned, the court will normally issue a warrant for the arrest of the defendant. I have obtained a true and accurate copy of this indictment from the Clerk of Courts, and attached it to this affidavit as Exhibit D. The subsequent indictment supersedes the criminal complaint as the charging document for these three defendants. However, the arrest warrants signed United States Magistrate Judge George W. Cannon, Jr. on March 8, 2013 for [betrokkene 1], [betrokkene 2] and [de opgeëiste persoon] that were issued in connection with the criminal complaints filed on that same date, March 8, 2013, remain in effect. Therefore, there was no need to obtain new arrest warrants for the conduct charged in the indictment.

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