|
|
|
|
|
|
|
|
|
|
|
|
|
|
The BetonSports case focuses attention on U.S. - U.K. fast track extraditions
The international terrorist threat generated a desire for "fast track" extradition procedures between major nations and allies like Britain and the United States, but according to the Times Online this week the process has been mainly used to bring more conventional criminals to justice....and there's the possibility that internet gambling executives in the UK could be vulnerable to fast-track extradition to the USA if their businesses are found to be breaking American tax law.
|
|
|
|
|
|
The Times says that concerns are also growing that an anti-terror agreement by European nations to hand passenger flight lists to the US may have been used by FBI and tax agents to swoop on David Carruthers, the BetOnSports chief executive who was arrested last weekend whilst in transit to Costa Rica through Dallas airport. Carruthers was among 11 persons named in a sealed indictment for a range of alleged offences under American law.
In what sounded ominously like intimidation, the US Government warned on Wednesday night that if Britains online gambling industry allowed its services to be used within the US there could be criminal consequences.
Internet gambling companies in Britain, in any country, anywhere, if they do business in the United States they do so today at their own risk, a Justice Department spokesman told The Times. This is a crime and it can be prosecuted.
The threat to British online businesses was reinforced by Representative Bob Goodlatte, author of a tough new Bill that would further restrict internet gambling. He urged executives of overseas gambling companies to take note of the BetOnSports prosecution. They should be wary of the United States exercising its treaty rights to seek extradition, he said.
The Times says that Britain will refuse to extradite suspects for breaking US laws against internet gambling. Extradition is an option only if conduct is illegal in both the UK and America.
However, executives are worried because the indictment against BetOnSports includes allegations of tax evasion. The company is accused of failing to collect wagering excise tax on $3 billion (GBP 1.6 billion) of bets placed by US gamblers. In the US "ill-gotten gains" are taxable even though the manner in which they may have been generated is illegal.
British internet gambling executives may be vulnerable to fast-track extradition for that offence if they take bets from Americans without charging tax on them, according to some opinions. They could argue against extradition because Britain has abolished its own taxes on gamblers making bets, but they would have little prospect of success.
Julian Knowles, of Matrix Chambers, told The Times: Provided that theres a general crime of tax fraud, thats all thats needed. There is a crime of cheating the public revenue.
Some British internet betting companies, including BetonSports and Sportingbet have previously offered to pay American taxes through high-profile media campaigns, but the US Government has been unwilling to condone lawbreaking. Knowles believes that proof of such an offer might be enough to persuade an English court to refuse extradition. It would certainly give rise to an abuse-of-process argument, he said.
Under the new fast-track extradition procedure introduced as an anti-terrorism measure, US prosecutors can demand the extradition of suspects from Britain without showing they have a case to answer.
The Times opines that the precision with which the US grabbed Carruthers as he touched down in Dallas en route from London to Costa Rica raises questions about how America monitors overseas suspects. European countries have agreed to hand passenger lists to the United States as part of the War on Terror, giving investigators advance warning of businessmens movements.
The newspaper's research into fast-tracked extraditions produced some interesting results. The lions share of requests by the United States for fast-track extradition under new British legislation have been not for terrorism, but for white-collar crime. Only a handful were for alleged terrorism:
Fraud 12
Drugs 10
Terrorism 4
Child pornography 3
Satellite signal theft 3
Money-laundering 2
Indecent assault 1
Rape 1
Child assault 1
Robbery 1
Racketeering 1
Computer fraud 1
Price-fixing 1
Mail fraud 1
Forgery 1
Theft 1
Sexual offence 1
Child molestation 1
Murder 1
|
|
|
|
| Back to News Menu... |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
