Three former Natwest Bank bankers appeared in a London court yesterday to fight extradition to the United States, where they are facing fraud charges in connection with a deal with Enron Corp.
Natwest bankers David Bermingham, Giles Darby and Gary Mulgrew, are accused of conspiring with Enron’s former CFO, Andrew Fastow and his colleague Michael Kopper, to fleece their employer, Natwest Bank, of around 4 million pounds, which equates to about $7.3 million. The three face extradition to stand trial in Houston on seven counts of wire fraud and illegally gaining money via international banking systems. Messrs. Fastow and Kopper have already admitted involvement in the alleged scheme as part of a plea bargain.
Interestingly, none of the British bankers have have ever been charged with a criminal offense in England. In fact, Natwest Bank is still lending the defendants money to cover their legal defense costs. The defendants contend that they will not receive a fair trail in Texas in the aftermath of the Enron scandal, which is likely true given the adverse publicity regarding Enron that the Government has promoted throughout the Enron investigation.
The Government claims that the bankers conspired with Messrs. Fastow, Kopper and other senior Enron executives in 2000 to sell a stake in a Cayman Island company for $1 million when the true value was much higher. A month later, the company was re-sold and the trio each made a large profit while Messrs. Fastow and Kopper pocketed $12 million each.
Remarkably, if the three are extradited, they could face an extended period of time in a U.S. federal penitentiary before their case gets to court because, as foreign citizens, they could be held without bail until trial. The controversial three-day extradition hearing in London is the first under the new British Extradition Act, which was promoted by British politician David Blunkett to trap suspected terrorists.
Meanwhile, as the Government continues prosecution of its flimsy case in the Nigerian Barge case in Houston federal court, this Wall Street Journal ($) article reports that the Enron Task Force has elected not to pursue criminal charges against Citigroup executives in regard to an Enron-Citigroup transaction that was much larger and strikingly similar to the Nigerian Barge transaction that prompted the Government to indict four former Merrill Lynch executives and two mid-level former Enron executives.
The lack of any meaningful prosecutorial discretion of the Bush Administration’s Justice Department in regard to the prosecution of alleged business crimes continues to be highly troubling. Is this what the Republican Party suggests is a “business-friendly” administration?