The Extradition Act 2003, where no prima facie evidence needs to be presented to a Uk Court, for extradition to a Part 2 Category 2 country i.e. one with an allegedly similar legal system to that of the United Kingdom, has some other pending cases, where extradition is being sought by the United States authorities.
We have already mentioned the case of Babar Ahmad - you can read the Bow Street Magistrates' Court judgement here (.pdf)
There is another pending case which may also set a legal precedent, which could affect Gary McKinnon's case.
This is the case of the so called Enron NatWest Three.
According to The Times
June 22, 2004Accused NatWest bankers fight extradition to the US
From James Doran, Wall Street CorrespondentTHREE former top bankers accused of stealing more than $7 million (£3.8 million) from NatWest in a scheme that helped to bring about the collapse of Enron vowed last night to fight attempts to extradite them to America.
David Bermingham, 41, Giles Darby, 42, and Gary Mulgrew, 42, appeared at Bow Street Magistrates’ Court, London, to hear the US Government’s extradition case.
The three were managing directors with Greenwich NatWest, a subsidiary of the bank that is now part of Royal Bank of Scotland, and allegedly had close ties to Andrew Fastow, the former Enron finance chief about to begin a ten-year prison sentence for his part in the energy firm’s bankruptcy.
It is alleged that the three men defrauded the bank of $7.3 million when they sold a company, based in the Cayman Islands. They told NatWest that the company, known as LJM, was worth $1 million and sold it to an offshore entity called LJM Swap Sub, which was controlled by Michael Kopper, a former colleague of Mr Fastow. Mr Kopper sold the company to Enron for $30 million.
The three bankers allegedly took $2.3 million each while Mr Kopper and Mr Fastow received $12.3 million.
John Hardy, for the US Government, said: “The Government’s allegations in brief is that the three defendants manipulated the sale price in respect to Greenwich NatWest’s interests in Swap Sub in such a way to prevent Greenwich NatWest receiving its dues and such a way that they pocketed to the tune of $2.3 million each.”
All three men deny any wrongdoing.
Separately, Kenneth Lay, former chairman of Enron, last night asked for a meeting with government prosecutors as the prospect of fraud charges against him appeared to have become more likely.
Michael Ramsey, Mr Lay’s lawyer, remained adamant that his client would not be charged with any crime, despite mounting speculation that he will be indicted."
The Daily Mail reports that
"Liberty to intervene in NatWest Three case
Ruth Sunderland, Daily Mail,
27 May 2005HUMAN rights organisation Liberty is to intervene in the case of the NatWest Three, a trio of former bankers facing extradition to the US on multi-million pound fraud charges relating to collapsed energy giant Enron.
David Bermingham, Gary Mulgrew and Giles Darby deny all charges. They are appealing against a decision by Home Secretary Charles Clarke this week to uphold a High Court ruling in October that they could be shipped to the US under controversial new legislation intended for terrorists.
It scraps the need for the US to present prima facie evidence against the accused.
Caoilfhionn Gallagher, one of the Liberty lawyers acting on the case, said: 'This is a human rights issue. It is an example of how three men are going to be taken away from their families and brought to the US with no consideration of whether the Americans have the right to do this.'
Royal Bank of Scotland, which now owns NatWest, said it was not aware of all the facts and evidence and reserved the right to take legal action.
Bermingham said he was resisting extradition 'because I would have to spend two years in a federal penitentiary and would have to spend around $2m to prove my innocence. Why the hell should I have to do that?'
News of Liberty's intervention came as the US was criticised by Amnesty International for its treatment of prisoners."
KEN WEBB
So they pocketed £3-8 million. THEY RESIGNED FROM THEIR JOBS WHY....? Corruption.?
Keith Armstrong
Yet another example of this Government's ineptitude.
The US has not as yet ratified this Agreement, nor does it have plans to do so as far into the future as can be seen.
Try to extradite an American to the UK and see what happens.
Giles Hamilton
Nothing in recent memory has angered me as much as this. Why have the authorities been steamrollered by the US in this way? Why have no proper terror suspects been extradited under this arrangement? Why is it NOT reciprocal? I'm a banker in the City - am I at risk on the whim of a foreign authority? Why is this government so silent on the matter?
Rupert Nathan
Why are these men so frightened to face court?
And what has happened to the money they pocketed?
fg
@ Rupert - all of the NatWest 3, Gary McKinnon and Babar Ahmad etc. are willing to stand up before a British court where they can challenge any evidence against them.
No evidence whatsover has been presented during the Extradition hearings and appeals, only accusations and arguments abouts points of law.
Some of the accustions which the US authorities have been spinning in the media would almost certainly be laughed out of a British court, for lack of credible evidence.
Dr B J Jameson
Thin end of the wedge?
There seems to be very little concern about the extradition of the so called NatWest Three to the United States. Whether they are guilty or not has no bearing on the fundamental issue of the extent to which British citizens, including those who have never been to the United States, are subject to American law and can be extradited to the United States on the whim of an FBI officer.
Steven Slade
This case is, without doubt, so very fundamental to the British legal system and challenges our basic democratic rights as UK citizens. Every person in the UK should be shouting from the rafters to get this stopped and repeal this crass one way agreement. The UK is NOT the 51st State of the USA and its time they understood that. If Blair cannot handle this then this entire cowardly government must be kicked out and let a new Cabinet overturn this once and for all.
Steven Slade
Andrew Wright
All citizens should be concerned by the precedent set by this case; people should be protesting in the streets over this extrdition (especially within 1km of Westminster!)
Susan Wright
I lived in America for a while and went head=to head with their Judicial System and trust me from the experience I had they are in for a long and bumpy ride. Who says your innocent until proven guily certainly not in America
I wish them all the luck in the world they are going to need it !
Rupert Nathan
RBS, for it's own reasons is unwilling to talk about the matter let alone, have these men charged. I think it is disingenuous to suggest they are willing to stand up in a British court, knowing the possibility of charges being brought against them is remote.
Michael Whitworth
Quite apart from the rights and wrongs of the extradition process relating to the NatWest Three (another 'Blunkett Blunder', as a US senator said recently) I don't see what the three have done wrong.
At the time of the sale, NatWest were looking for cash to fight off the RBS bid. NatWest had this company on its books valued at £0.00. The three spotted an opportunity. NatWest got $1 million, they did pretty well for thamselves. Weren't they just doing the sort of thing Greenwich NatWest hired them to do (albeit for themselves in this instance)?
colin clifford
Without knowing anything about the case. it seems everytime the Americans say jump the british government not only jump but jump higher than everyone elce.
What are the Americans holding over the british government??? it must be something big
Alastair Watts
The answer is clearly to send Lord (cashpoint) Levy for trial in Texas. No evidence required....
Sean Scholfield
An insider tells me that they this lot are guilty of something. The most worrying point is
"Who owns this country?"
Obviously NatWest or the FBI or if the FBI owns NatWest then change your bank.
Dennis Harrison
21,000 people lost their jobs when ENRON collapsed, more lost their pensions.
These three people made money from people's misery.
35 years, sounds about right
Wils
35 years doesn't sound right in this country. They didn't murder anyone.
These three are also innocent until proven guilty.
There were many more people involved in the Enron deals and some would have more culpability than others.
The Bank were happy with the amount they received for the company that was considered worthless as they wanted to raise money to see off a takeover bid.
Anyway this is a Free Gary website, Friends Extradited is the Nat West 3's website, so I suppose it's more appropriate to discuss that on there.
Gary McKinnon is who I am concerned about.
leajon
They have been caught red handed and they should plead guilty as soon as possible that way they will get a reduced sentence they
are going down and rightly so. HA HA HA HA