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Former Antigua-Barbuda financial regulator loses extradition appeal
Published on April 22, 2017 Email To Friend    Print Version

Leroy King, former head of the Financial Services Regulatory Commission in Antigua and Barbuda

By Caribbean News Now contributor

ST JOHN’S, Antigua -- A high court ruling this week rejected an application for judicial review by Leroy King, the former head of the Financial Services Regulatory Commission (FSRC) in Antigua and Barbuda, against the 2012 decision by the government to approve his extradition to the United States to face charges of facilitating the multi-billion dollar Ponzi scheme by convicted former businessman Allen Stanford.

In a 71-page decision, High Court Justice Darshan Ramdhani said, having reviewed King’s arguments, he saw no reason why either King’s claim for constitutional relief or the application for leave should be allowed.

The judge said he had seen no reason why the order of extradition to the US for trial should be stayed or quashed.

“The claim for constitutional relief is therefore dismissed. The application for leave to apply for judicial review is also dismissed. There shall be no order as to costs,” Ramdhani said.

King had argued that a decision made by the then foreign affairs minister, to order his return to the US under the Extradition Act 1993, was in breach of his right to the protection of law as guaranteed by the constitution.

His lawyers also argued that the extradition order was fatally flawed in that it omitted the specific enumeration as to the counts for which King should have been returned to the United States to stand trial, given the fact that a superseding indictment abandoned the conspiracy to commit securities fraud with respect to Stanford and it would follow that those charges could no longer be valid as against King as he was charged as a co-conspirator and not with any individual criminal liability.

However, Ramdhani found there was no such flaw in the extradition order and, further, that the abandonment of the conspiracy to commit securities fraud against Stanford on the supervening indictment does not mean that the charge would be equally abandoned against King.

“The indictment against him continues to remain valid. There is absolutely no merit to any contention and it is absurd to suggest that because Stanford and others have been tried on other superseding indictments, jeopardy has been attached against this claimant,” Ramdhani said.

As far as the relevant American case law is concerned, the indictment against King remains valid. It may be that an amendment will have to be made to remove the names of the other defendants, as they have been tried or have pleaded. The Americans may also chose to file new superseding indictment, but whatever they do, they will have to bear in mind the charges upon which the claimant has been committed, he noted.

“For me and for now, it is sufficient to say that the claimant has failed to make out any arguable case that the [foreign affairs minister’s] decision is bad because the underlying accusation has disappeared – it has not – or because he should have at the very least considered the superseding indictment. As I have found, the superseding indictments are irrelevant to his decision to return the claimant,” Ramdhani said.

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Island Living:

The big ducks are falling............

You can only evade so long, you will eventually be found out. Enjoy your dirty life style while you can because you obviously think your clever and below the radar. You have no idea how the electronic money system is watched worldwide. When the trail becomes clear you are zeroed in on by players much bigger than you.

Tomas Chlumecky:

Can't do the time then don't due the crime !

Look too much corruption in the Caribbeann and its hurting everyone, especially the average citizens just trying to get by.

One day the lost money needs to be found, I can bet there are hundreds of millions that went to LIAT that either did not make it or were "diverted" just needs forensic accountants to come in and investigate, but that would require politicians approval, and surely they have nothing to hide ??? LOL of course they do.


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