Two senior British judges are set to rule today in a long-running case involving three former NatWest bankers who are fighting extradition to the United States over Enron-related fraud charges.
The former bankers - David Bermingham, Giles Darby and Gary Mulgrew - are appealing British home secretary Charles Clarke's decision to allow their extradition to face trial in the US.
They have also challenged the UK serious fraud office's decision not to investigate their case in Britain.
The three bankers, who worked for NatWest Bank, now part of Royal Bank of Scotland, are alleged to have conspired with Enron executives, including former chief financial officer Andrew Fastow, over the sale of a stake in an Enron entity in 2000, which made them $7.3 million.
The former bankers, who deny the fraud allegations, have insisted that they should face trial in Britain. They also claim that the US government is only trying to extradite them to bolster its case against other Enron defendants.
Their case falls under UK legislation in force since January 2004 that was designed to speed up the transfer of suspected terrorists to the United States.
Under treaty, the United States is able to demand a British citizen's extradition without having to provide any evidence, but Britain has to prove its case in a US court.
In November at an appeal hearing in the case, Lord Justice John Laws and Justice Duncan Ouseley questioned why the US government wanted to extradite the men when they are accused of defrauding a Royal Bank of Scotland unit, Greenwich NatWest, rather than Enron.
British business leaders have complained that the United States is abusing the treaty to target white-collar criminals.
A group known as GC100, made up of general counsels from Britain's biggest 100 companies, is set to raise the issue with the UK government in the near future, a person familiar with the group confirmed.
Enron, formerly a high-flying energy trading company, filed for Chapter 11 bankruptcy in December 2001, the biggest in US history at that time.
The trial of former top Enron executives Kenneth Lay and Jeffrey Skilling began in Houston at the end of January. They are charged with fraud and conspiracy.
Andrew Fastow has pleaded guilty to two conspiracy counts and agreed to testify against his former bosses in exchange for a maximum 10-year prison sentence. - (Reuters)
