McNabb in the News (2/3/06)

Senior Principal Douglas McNabb is featured in today’s Milford Daily News regarding Neil Entwistle.

"The U.S. cannot seek his extradition until after he has been charged," said McNabb of McNabb Associates. "At this point, he hasn’t been charged, and there’s a presumption of innocence. We do not want to forget about."
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"They can contact the authorities in England, the United Kingdom could provisionally arrest him," said McNabb. "It’s like a temporary arrest. The U.S. then has about 60 days to file a full-blown petition for extradition."
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In the past, the U.S. would need to present a prima facie case, which amounts to probable cause, McNabb said. The British government passed a law in 2003 that made it easier for the United States to have someone sent back to the country.

It was designed for terrorism suspects, but mainly has been used for white-collar criminals, McNabb said. The law is not part of the U.S.-UK extradition treaty, and the United States does not have the same law, he said.
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"If the Home Secretary says ’yes, he should be extradited,’ this gentleman can appeal the decision to the High Court," said McNabb.
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Even if the High Court rules a suspect should be extradited, it does not end there. McNabb said a suspect could appeal to the House of Lords.

Again, even if the House of Lords decides against a suspect, it still does not end, McNabb said.

"He can appeal it to the European Court of Human Rights (in France)," said McNabb. "They’re about two to three years behind on their dockets."
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"It could be quite some time before the U.S. can bring him back," McNabb said.^[1]

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[1] Norman Miller, Extradition Law Could Affect Neil, Milford Daily News, Feb. 3, 2006.