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British bankers lose Enron battle

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LONDON, England -- Three British bankers are reported to have lost a legal battle over the U.S. government's attempt to extradite them from the UK on fraud charges related to the Enron scandal.

Former NatWest investor specialists David Bermingham, Gary Mulgrew and Giles Darby failed on Tuesday in their challenge to the legality of extradition orders made by a Bow Street district judge and confirmed by Home Secretary Charles Clarke, the UK's Press Association reported.

The trio, all UK citizens, are accused of defrauding Greenwich NatWest, a subsidiary of British parent company NatWest, of $7.3 million (£4.2 million).

The alleged offenses came to light after the collapse of the U.S. energy company Enron, and prompted the U.S. government to issue extradition requests in February 2004.

Lawyers for the four bankers had fought extradition on two fronts. Firstly, they argued the UK's Serious Fraud Office, not the Americans, should investigate the case -- and any trial should take place in the UK.

Secondly, they said the charges were not extradition offenses and that forcing the bankers to stand trial in the U.S. would be unjust and incompatible with European and British human rights law.

Washington fought back by pointing out that, even though the harmful effects of the alleged illegal conduct were intended to be felt by a company incorporated in the UK, part of the fraud occurred in the U.S.

The U.S. government's legal team described it as a classic trans-national crime, with some of the conduct occurring in the UK, some in the U.S. and some in the Cayman Islands tax haven.

Enron founder Kenneth Lay and former chief executive Jeffrey Skilling are currently on trial in Houston, Texas, charged with several counts of fraud and conspiracy. If convicted, they could spend the rest of their lives in prison.

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