Extradition from Britain to the United States—NatWest Trio Loses Appeal

The NatWest Trio have lost their extradition appeal to Britain’s High Court.^[1] According to Lord Justice Laws, the American case facing the NatWest Trio—David Bermingham, Gary Mulgrew, and Giles Darby—was “perfectly properly triable” in the US.^[2] Lord Justice Laws conceded that “the defendants could be prosecuted [in Britain]—and that there would be consequential advantages and disadvantages from the prosecution and defence perspectives.”^[3] Nonetheless, that “does not amount to an exceptional circumstance.”^[4]

Furthermore, Lord Justice Laws—joined by Mr. Justice Ouseley—noted that “there was a significant United States dimension to the case and … it would be unduly simplistic to treat the case as a domestic English affair.”^[5]

The trio had also requested that Britain’s Serious Fraud office review their case; that request was also denied.^[6]

Today’s ruling is certain to create an enormous amount of controversy. Yesterday, we mentioned that the GC100 have expressed their concerns about the ease with which extradition to the US can be secured, and Sir Digby Jones, the head of the CBI, has excoriated the UK a number of times about the seemingly one-way street that comprises the “special relationship” between the UK and the US. Shami Chakrabarti, the director of Liberty, a human rights organization in the UK, has called today’s decision “nothing short of a disgrace,” saying that the “trio were being traded like ‘sacks of parrots.’”^[7] The trio, of course, has harshly criticized the decision; Mr. Bermingham said “I can honestly say for the first time in my life today: I’m ashamed to be British.”^[8]

Clarification: According to the Daily Telegraph, Ms. Chakrabarti said "sack of carrots," not "sack of parrots." Due to traffic, it was difficult to hear her.^[8a]

The judges have certified that the case raises “issues of general public importance,” which is the “first step in seeking leave to appeal to the House of Lords, which must be lodged within 14 days.”^[9]

The decision whether Ian Norris should be extradited to the United States to face antitrust allegations is expected soon, and today’s decision does not bode well for Mr. Norris’s chances of avoiding extradition.

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[1] See Simon Freeman et al., Enron Three Lose Test Case Against Extradition to US, Times of London, Feb. 21, 2006; Bankers Lose Enron Extradition Appeal, Reuters, Feb. 21, 2006; Enron: Bankers Lose Extradition Battle, ITN, Feb. 21, 2006; Ex NatWest Bankers Lose Enron Extradition Appeal, Fin. Times, Feb. 21, 2006; Bankers Lose US Extradition Fight, The Press Association (via Yahoo!), Feb. 21, 2006; British Bankers to be Extradited, Sky News, Feb. 21, 2006; Enron Trio Lose Extradition Fight, BBC News, Feb. 21, 2006.
[2] BBC, supra note 1.
[3] Id.
[4] Id.
[5] Freeman, supra note 1.
[6] Reuters, supra note 1.
[7] Freeman, supra note 1.
[8] Id.
[8a] Sophie Brodie, Business Diary: Sick As a Carrot, Daily Telegraph, Feb. 22, 2006.
[9] Freeman, supra note 1.