A nagging question for all UK businesses has been how the the lopsided extradition treaty between the USA and the UK, signed in secret back in 2003 by David Blunkett, would be used.
For those not familiar with the issues, it is that the US don't have to produce a prima facia case to achieve extradition of a British subject, whereas the Brits have to produce evidence for a US court to consider extradition of one of its citizens to the UK. Secondly, British subjects can be extradited for committing crimes that are not even unlawful in their own country. For example, type Brian Howes into Google to follow an example of this risk or Ian Norris formerly of Morgan Crucible. Finally, of course, the trifling matter that the treaty has not been ratified / enacted by the Americans.
When the obvious disparity and unfairness of such a system was pointed out to the Labour Government / Labour Parliamentary Party and the Home Office, the justification was given that it would be used on terrorists who needed to be extradited to the US.
Anyway such obvious inequalities were not going to stop a Labour dominated House of Commons ramming the legislation through in order to appease one Mr Tony Blair, especially the light of the then recent horror of 9/11.
So from 1st January 2004, all UK businesses and individuals that use US$ and or deal with countries or persons are subject to the US sanctions regime (subtly different from the UK sanctions regime) are open to extradition to the US without any legal protection from the UK Courts or Parliament. Oh and just make sure that none of those tricksy business people stood a chance, legal aid for this type of case was also withdrawn!
However the issue has refused to go away. The Ian Norris case is still going through the courts with some coverage in the media, with possible resolution early in August 2009.
However, four things have happened this week should act as a warning to all those theoretically at risk from this appallingly drafted piece of legislation.
1. The Daily Telegraph used the Freedom of Information Act on the City of London police show and, low and behold, that there are currently 18 people living in Britain who have been arrested and are waiting to be extradited. 11 of them are being pursued by the Department of Justice for white collar crimes. The other 7 are wanted for crimes including rape, murder and sexual assault. Here is the link: http://www.telegraph.co.uk/news/worldnews/northamerica/usa/5941204/Nearly-a-dozen-people-accused-of-white-collar-crimes-living-in-Britain-waiting-to-be-extradited.html
2. A Liberal Democrat report was picked up by the press (Daily Telegraph 28 July 2009) which stated that 89% of US Extradition requests have been agreed by UK judges vs. 70% by their US counterparts. Additionally, 56 people have been extradited from Britain to America whereas the figure for those sent from America to Britain was just 26 since 2004: http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/5919576/British-judges-agree-to-more-extraditions-than-US-counterparts.html
3. Then the British Parliamentary Labour Party appeared to put party loyalty before conscience and voted down an opposition motion that attempted to review the treaty. Although 74 Labour MPs had signed motions in support of Gary McKinnon only 10 Labour MPs voted against the Government and the attempted review was defeated. Labour MP Andrew MacKinlay was quoted as saying "I was really frustrated by the vote last week. Many of my colleagues had expressed their sympathy for Gary McKinnon. But when the crunch came, they just went tribal and followed the diktats of the party."
http://www.telegraph.co.uk/news/newstopics/politics/5903494/Andrew-MacKinlay-MP-quits-over-hacker-Gary-McKinnons-extradition.html
4. Finally, Gary McKinnon’s extradition entered its end game. It started badly with him losing his High Court Extradition Case. http://www.telegraph.co.uk/news/worldnews/northamerica/usa/5946267/Gary-McKinnon-British-hacker-to-be-extradited.html
In my view, none of this is does not bodes well for UK based AML regulated businesses. The US Department of Justice is vigorously using its new weapon against UK citizens, the governing Labour MPs seem interest only in following orders and collecting as many pay checks as they can between now and their oblivion at the next General Election and the UK Judges will continue to interpret the law against the interest of British Subjects.
So far the number of people caught by this legislation remains small. Yet the impact on an individual of being subject to this process can be devastating.
Oh and the number of terrorists deported to the US since the Treaty was enacted? One!
I am sure that we will return to this subject in due course. In the meantime, watch this space.
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