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The trio of British bankers known as the NatWest Three were jailed for 37 months each yesterday for their part in a complex multimillion-dollar fraud that made them a temporary cause célèbre.
Gary Mulgrew, David Bermingham and Giles Darby must also return the $7.3 million (£3.7 million) that they collectively made from the fraud, as part of a plea bargain agreed with prosecutors in November, that was formally approved by a Houston District Judge yesterday.
The three men admitted advising their former employer, NatWest, to sell part of the company controlled by Enron for a fraction of what it was worth.
NatWest was unaware that they had a personal interest in the buyer of the stake, which sold it on for a huge profit, and collectively netted them $7.3 million.
Although the NatWest Three only pleaded guilty to one of the seven counts of wire fraud against them, it represented a dramatic turnaround since they had fiercely maintained their innocence starting from September 2002.
Yesterday, they appeared to accept further responsibility for their actions by expressing a stronger sense of regret than in previous public statements.
“I clearly realise now that our involvement was wrong and we failed to take the right course of action,” Mr Darby told US District Judge Ewing Werlein at the sentencing hearing in Houston’s federal courthouse yesterday.
Mr Mulgrew added: “I believe I exercised a lack of integrity in my decisions. I’d like to apologise to the people who’ve been hurt by my decisions – my family, my friends and my ex-colleagues.”
Yesterday’s approval of the plea bargain was the latest development in a case that has dragged on for five and a half years.
In 2004 the trio became a cause célèbre as the most prominent target of a new extradition treaty between Britain and the US, which allowed America to extradite criminal suspects from the UK without prima facie evidence. The treaty was signed by David Blunkett in 2003 and came into effect in 2004. The treaty, and the ruling in September 2004 that the trio’s extradition should go ahead, was greeted by protests from British politicians, business people and human rights campaigners – in large part because it was not a reciprocal arrangement with the US. However, the US has since ratified the treaty at its end too.
The NatWest Three were extradited to the US in July 2006 to face charges that they plotted to deceive NatWest about the true value of the bank’s stake in the Enron partnership.
The trio will remain on bail until the US Federal Bureau of Prisons determines at which facility they will serve their sentences, a process that is expected to take about three weeks.
They will then begin their sentences immediately, at which point they will be permitted to apply formally to serve the latter part of their prison time in the UK.
The case against them was built in the US because it arose out of the myriad investigations into the circumstances surrounding the fraudulent collapse of Enron, the energy trader, in December 2001.
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A different approach to fraud is required, in addition to a prison sentence, release from prison, should be dependant upon repaying the stolen funds in full.
These individuals might then think twice about stealing someone else's money!
In fact all theft should be dealt with in this way.
No goods returned, no release from prison!
Clive Burghard, LANCING, England
It makes you laugh here are three guys that tried to defraud over nine million pounds and end up going to a cushy prison for less than three years with parole and yet if some working class guy commits a crime stealing ten grand he ends up in prison for five years!
Yes we are a class apart.
william thomson, Lincoln, Lincolnshire
To Thuthukile Mkhize - gosh your very chippy aren't you....
Mike, London,
This is a clear proof that the UK Police and the FSA are indifferent to fraud and corruption in the city of London. Perhaps if they were not, people in the street would not wonder if their money was safe or not in British banks these days. How long is it going to take before British people ignore the financial companies altogether? I am sure not very long. Just as less and less people are voting for political parties, less and less people will have anything to do with financial companies in the UK. It is shameful that fraud in the UK can only be punished in other countries.
Sinan, London, UK
Justice was not done . If they were so sorry what was this side tracking of extraditon issue back in the UK with his mother shooting her mouth off using her influence saying her son is forced to plead
guilty. They are cold blooded crookes who also defrauded Royal Bank of Canada and Rabo Bank
The issue of the Judge was so soft has me very
suspicious,he must be getting a back hander.
Just like Andy Fastow sententice was reduced from ten years to 6. This is a joke. PEOPLE PLEASE WAKE UP, this effects everyone of us. This is a
SLAP in the face to everyone who does a honest
DAYS WORK. We are on a treadmill just to by a
home and have food and a car. These are the very
people who profit from your sweat.
John Mills, France,
And the Northern Crock bandits?
Tom Taylor-Duxbury, Ludlow, UK
Will they lose their Xmas bonus now?
Frederick, London, UK
Isn't this the trio whose "Innocence" was championed by Boris Johnson and for God's sake Richard and Judy.
Declan Forde, nottingham, UK.
it will be interesting to see what co operation we get from the americans the first time we want to extradite any of their nationala
michael dickinson west yorkshire, england
michael dickinson, yorkshire,
I think this is just pathetic, should it have been a black man, it would have been more years, and his entire family talked about as having benefitted from the fraud, so should it be said, that all British People are corrupt. The Baring dealer Lasson is now working in the financial field, what is that to think a leopard who change its spots, is the same here. Then you get the Securicor Robbers, who stole millions yet again not much is said about it. One Nigerian gets arrested and not because of the large amount, but because the he stole from white institutions and therefore deserves to be shamed for life. We need to address and treat all thieves the same.
I am appalaud that fraud, robbery and corruption also has colour, others get light sentence whilst others are handled with gloves. All that these three have worked for should be taken and their families also shamed because they also benefitted from the acts. Dwaine Chambers who was convicted should also be given a second chance.
Thuthukile Mkhize, Harare, Zimbabwe
Justice was done. Although a soft sentence, it is clearly a serious warning signal to other would be white colour criminals.
Manuel Almeida, Lisboa, Portugal