Andrew and Tristan Tate will remain in federal custody as they fight extradition to the United Kingdom, where prosecutors are seeking to bring the brothers back to face 59 charges involving seven alleged victims.
U.S. Magistrate Judge Lauren Louis denied their request for release Wednesday, September 9, finding that the brothers had failed to overcome concerns about flight risk and danger to the community or show special circumstances supporting their release during the extradition proceedings.
Louis described the brothers as “quintessential flight risks,” citing their international travel, dual U.S. and British citizenship, and ability to leave the country. Andrew Tate, 39, and Tristan Tate, 38, have been held at the Federal Detention Center in Miami since their July 18 arrests at Britain’s request.
“While the brothers may not in fact possess what extravagant holdings they portray themselves as possessing online, the record reflects that they possess an exceptional capacity to flee the jurisdiction,” Louis wrote.
The ruling keeps the brothers jailed during an extradition process that could last months.
Release carries a particularly high bar in international extradition cases. Courts generally require a person seeking freedom during the proceedings to show “special circumstances,” a standard tracing back to the U.S. Supreme Court’s 1903 decision in Wright v. Henkel.
The rule is tied to the government’s responsibility to keep a person available for surrender if extradition is approved. A judge also weighs flight risk and public safety when deciding whether release is appropriate.
The Tates’ lawyers argued that their international fame would make disappearing difficult and said their online portrayals of immense wealth were exaggerated as part of their public personas. They also pointed to their record in Romania, where the brothers previously remained out of custody under court restrictions and appeared when required.
Louis found those circumstances insufficient to support release.
At an August 27 hearing, both brothers testified that some of their controversial online statements reflected characters created for social media. Prosecutors cited the allegations in Britain and statements by Andrew Tate about violence toward women as evidence of a potential danger to the public.
Britain is seeking extradition on 59 authorized charges involving seven alleged victims.
The Crown Prosecution Service announced 38 additional charges in July after receiving further evidence from Bedfordshire Police. Those allegations were added to 21 charges previously authorized against the brothers.
Andrew Tate faces 42 counts, including allegations of rape, assault, human trafficking, controlling prostitution for gain, arranging or facilitating trafficking for sexual exploitation and offenses involving indecent images of a child and extreme pornography.
Tristan Tate faces 17 counts, including allegations of rape, assault, human trafficking, sexual assault and arranging or facilitating trafficking for sexual exploitation.
The alleged conduct spans from July 2010 through August 2017. The Crown Prosecution Service has emphasized that charging decisions are not findings of guilt and that the cases would have to be proved in court.
Wednesday’s ruling settles the brothers’ custody status for now while the extradition case moves forward.
A federal judge will eventually decide whether Britain’s request satisfies U.S. law and the extradition treaty between the two countries. A finding that the brothers are extraditable would send the matter to the Secretary of State, who makes the final decision on surrender to British authorities.
Britain has until September 16 to submit its full extradition request to the U.S. State Department, according to federal court records.
The Miami case is unfolding alongside separate criminal proceedings in Romania. Romanian prosecutors indicted Andrew Tate on September 4 on allegations including trafficking minors, money laundering, sex with a minor and witness tampering. Tristan Tate was indicted for alleged complicity.
The brothers have denied wrongdoing in the cases against them. Their attorneys have said they will continue fighting the allegations and the British extradition request as the proceedings move ahead in federal court.
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