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Former NatWest Bankers Fighting Extradition To US Over Enron Links

by Robin Pilgrim, LawAndTax-News.com, London

17 February 2005

Three former NatWest employees linked to the fraudulent accounting practices which brought US energy giant, Enron to its knees are fighting extradition to the United States.

The three men, David Bermingham, Gary Mulgrew and Giles Darby, are seeking a judicial review in the High Court over the Serious Fraud Office's decision not to prosecute them in the United Kingdom.

They stand accused of conspiring with Enron's former CFO, Andrew Festow and former global financial chief, Michael Kopper to defraud NatWest's capital markets division by secretly investing in an 'off-balance sheet' Enron partnership.

The bankers, who are denying that their actions constituted a criminal offence, are nevertheless arguing that as they are alleged to have defrauded a UK bank, with the misconduct taking place primarily in the United Kingdom, they should be tried there.

The SFO, however, explained this week that it had not investigated the case because the US authorities "had a stronger call on the matter".

The Home Secretary is expected to rule separately on the extradition in March.

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