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Natwest three

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The NatWest Three, also known as the Enron Three, are three United Kingdom businessmen—Giles Darby, David Bermingham and Gary Mulgrew— who were extradited to the United States on July 13 2006 on charges relating to the collapse of the Enron Corporation in 2001 when they were working for the City of London firm Greenwich NatWest.

Background

On arrival in the United States, they were given bail for a week, restricted to being in Texas, with a further bail hearing on July 21.

The alleged fraud involves the Royal Bank of Scotland Group Plc's Greenwich NatWest unit, for whom the Three were working, selling its stake in a Cayman Islands investment company at less than market value to a small company controlled by Andrew Fastow, Enron's finance director. The three then left NatWest, bought shares in Fastow's company, which was then sold on to Enron for more than ten times what NatWest had received. The three bankers allegedly netted £1.1m ($2.3m) each.[Why I have no sympathy for these three sharks], Edward Heathcoat Amory, Daily Mail, 12 July 2006 The three have been indicted in Houston, Texas for seven counts of wire fraud.[Indictment: United States of America v. David Bermingham, Giles Darby and Gary Mulgrew], United States District Court, Southern District of Texas, Houston Division

On 20 February, 2006 their appeal against the extradition was rejected by the High Court, and on 21 June 2006, the House of Lords threw out the appeal; on 27 June, 2006 the three lost an appeal to the European Court of Human Rights. There were then rumours in the UK press that the British government would support their case but this was rejected by Attorney General Lord Goldsmith on July 7, 2006.

The UK ratified the Extradition agreement in 2003; however, the US Senate has refused to find the time to ratify the agreement. In a highly unusual move, the speaker of the (UK) House of Commons, Michael Martin, allowed an emergency debate, on the 12th of July 2006, on both the treaty and the 'Natwest Three' after a request by Liberal Democrat MP Nick Clegg. During the debate, news shocked the House that a former Royal Bank of Scotland executive and FBI prosecution witness in the case had been found dead, after apparently hanging himself. It had been suggested by friends and family that the FBI 'hounded' him.

Campaign of support

The trio have been aided by a high profile campaign, with the unpaid support of two London-based public relations firms, to change the law and appeal against their extradition treatment from many media outlets.

There has been much criticism of the fact that the Americans do not have to produce a prima facie case - or even any "reasonable case" to extradite UK citizens, whereas there is no comparable facility to extradite US citizens to the UK.

When the extradition law was passed in the wake of September 11 the UK government stated that it was only to be used in the so-called war against terror and if the treaty was ratified by the US. Neither of these conditions has been fulfilled.

Gary Mulgrew is the son of Trish Godman, a Member of the Scottish Parliament.

References

See also

External links

 


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