Friday, September 15, 2006

Clearer on the concept

The simplest argument against the extradition of the NatWest 3 was the issue of territoriality: why should there be a trial in front of Enron prosecutors in Houston for an alleged crime committed in London against a British bank, with the only US jurisdiction arising from wires carrying faxes and e-mails being in US territory? Tony Blair's government chose not to understand this point, which now leaves it compared unfavourably with Governor George Pataki of New York.

An extradition case came his way because Louisiana was seeking the extradition of Sportingbet chairman Peter Dicks, arrested on arrival at JFK last week on foot of the outstanding Lousiana warrant. [his case is part of an apparent clampdown by American prosecutors on foreign Internet gambling operations, as in Betonsports]. Dicks' lawyer successfully appealed to the governor, who has the final say on whether to execute the warrant (WSJ, subs. req'd):

Mr. Slotnick [lawyer] said he and his client argued that Louisiana's request for extradition "is inappropriate and that Peter Dicks has not committed any crimes there or anywhere. He hasn't been in Louisiana for 20 years." On Thursday in court, Mr. Dicks was informed that the governor had withdrawn the warrant. Restrictions on Mr. Dicks's $50,000 bail that barred him from leaving New York also were lifted.

Dicks can now return to London and while there is a hearing in 2 weeks to hash out some issues in the case, it's clear that Pataki has no intention of reinstating the warrant, and of course Dicks could chose not to come back at all. For one thing, in these days of air travel scares, you never know where your London-JFK direct flight might land -- perhaps in another US state with a governor looking to get tough on supposed vices. On the other hand, if Dicks does stay in England from now on, St. Landry Parish La., could always try and get the Feds to extradite him from the UK -- which under Tony Blair's interpretation of extradition law, is easier than state-to-state extradition within the US.

UPDATE: Dicks is free for good.

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