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Ian Norris to Remain in U.K. After Court Rules Against Extradition

The U.K.?s highest court has recently ruled that a British executive will not be extradited to Pennsylvania for alleged price-fixing in the 1990s.^[1]

The decision in the case of Ian Norris, former chief executive of Morgan Crucible, is likely to have the effect of protecting a number of other former executives from extradition.^[2]

The court ruled that while Norris may still face extradition on grounds that he allegedly obstructed a U.S. federal investigation, he will not be extradited on price fixing charges because those charges did not constitute a crime in the U.K. until 2003, far after Norris is alleged to have engaging in the price fixing.^[3]

The extradition treaty between the U.S. and Britain states that the charge forming the basis for an extradition must be a crime in both countries.^[4] This is known as the dual criminality rule. The rule of dual criminality defines an extraditable offense as one punishable under the laws of both Contracting States.^[5]

Due to the U.K. not having an anti-cartel law until 2003, prosecutors from the United States attempted to accuse Mr. Norris of conspiracy to defraud, an offense that has long been recognized in the U.K.^[6]

The ruling in favor of Mr. Norris prolongs what has already been a five year legal battle between Norris and the United States Department of Justice.^[7] Had the decision gone against Norris, he would have been the first foreigner extradited to the United States on price-fixing charges.^[8]

Authorities contend that the next step will be a review by a magistrate?s court of whether Mr. Norris can be extradited on obstruction of justice charges.^[9]

Attorneys for Mr. Norris stated that they will continue to fight the case, claiming that Norris?s battle with prostate cancer and other physical maladies, coupled with the frailty of his wife would make his extradition a violation of European human rights laws.^[10]

Interestingly enough, Norris?s defense counsel had previously worked out a deal with European authorities to be granted immunity; however, they failed to work out a similar deal with U.S. authorities leading to his indictment in the United States. Now the legal battle between Norris and the U.S. will continue.

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] Megan Murphy, Court Bars Extradition of Briton in Cartel Case, Financial Times, March 13, 2008.
[2] Id.
[3] Id.
[4] Id.
[5] Posting of McNabb Associates, P.C., at McNabbassociates.com (available at http://www.internationalextradition.com/extradition.htm).
[6] Megan Murphy, Court Bars Extradition of Briton in Cartel Case, Financial Times, March 13, 2008.
[7] Id.
[8] Id.
[9] Id.
[10] Id.

Full post as published by International Extradition Blog on March 18, 2008 (boomark / email).