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ARTICLE · 14 AUGUST 2018

UK Courts Raise The Bar To US Extradition

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On 31 July 2018, the Administrative Division of the High Court of England and Wales blocked the extradition of Stuart Scott to the United States.

United KingdomLitigation, Mediation & Arbitration

On 31 July 2018, the Administrative Division of the High Court of England and Wales blocked the extradition of Stuart Scott to the United States.1 As the second case this year in which the High Court has blocked extradition to the US, this judgment may be viewed as part of a broader shifting of the sands.

The Government of the United States had sought an order for Scott's extradition to face charges of wire fraud and conspiracy to commit wire fraud in connection with an allegation of fraudulent foreign exchange trading in 2011, when Scott was employed by HSBC.

The Allegations

The substance of the allegations is that Scott participated in a scheme to defraud Cairn Energy Plc ("Cairn"), a Scottish oil and gas exploration company, in connection with a foreign exchange transaction to convert approximately US$3.5 billion into sterling ("the Transaction").

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