Ben Laurance
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THE three former NatWest bankers who last week struck a plea bargain with American prosecutors over their involvement in the Enron scandal are being given time to repay the $7.3m (£3.5m) they owe to their ex-employer, court papers show.
Known as the NatWest Three, they pleaded guilty in a Houston court to a single charge of wire fraud to avoid the threat of lengthy jail terms. They had faced seven charges.
The Sunday Times disclosed six weeks ago that the trio were negotiating a plea bargain.
Under the deal, prosecutors have agreed that the three – David Bermingham, Gary Mulgrew and Giles Darby – are likely to spend just over three years in jail. They were also ordered to repay to NatWest, now part of Royal Bank of Scot-land (RBS), the $7.3m gained as a result of a fraudulent deal in 2001 involving Andrew Fastow, Enron’s chief financial officer.
But court papers show that they will have to hand over only a small part of the money to RBS initially. Darby and Bermingham each have to pay $500,000 when they go to jail after formal sentencing in February. Mulgrew, who is heavily in debt, will have to pay $250,000.
The three have also promised to consent to a civil judgment in the UK obliging them to pay RBS the outstanding $6.1m that they owe. Once sentenced, they are expected to open negotiations to try to secure a transfer to British prisons to serve at least part of their jail terms.
Bermingham, Mulgrew and Darby have been in the US for 17 months since they lost their high-profile campaign against an order forcing them to leave Britain to face trial in Houston.
They have been told to stay in the Texas city, where Enron was based, until the hearing in February, when a judge will be asked to confirm the plea-bargain deal struck with prosecutors.
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Why don't they have to pay back all the money they stole and the money they have made with that money. Yes they should serve their time and pay back all the money plus interest. It's shockingly unfair.
Carrie, London,
has the fact that the us dollar's present exchange rate now, as to when the deals took place been taken into account?If not then it is vastly in the defendants favour. Unless they kept funds in dollars. Maybe the the crime did pay.
george, london,
A criminal is a criminal. Amazing how some people try to cloud the issue. The same people would think nothing if a shop lifter got three years in prison.
Dave B, york, uk
Like all City fraudsters- of whom there have been many over the past three decades- these three expected to be protected by the FSA, the Courts, the Government and the Establishment and not to have to pay for their crime. The should serve a long sentence in a USA prison; why should UK tax payers pick up the bill?
Victima, Athens, Greece
The major injustice in the USA and the reason why they are probably forced to agree to a plea bargain , is that if they "win" and are aquitted they would not get their costs back, effectively bankrupting them. Unlike the UK, No one gets their costs in the US even if they are totally innocent. That is not justice.
denc, tortola, BVI
They didn't commit any offence under UK or EU law. They weren't tried in a UK court. The US extradited them but have refused to ratify the same extradition treaty in US. US law says they can kidnap any citizen anywhere to face US charges in US. With modern IT that means you don't even have to set foot in US. The US is not signed up to Internatinal Courts of Justice. If you are a non US citizen you have no rights as far as they are concerned.
Fay, Maidstone, Kent
At least they can console themselves with the knowledge that they have enjoyed the full protection of Her Majesty's Government.
Ubi, Edinburgh, UK
I don't understand; have they been charged with any crime under British law? Tried in a British court? Did NatWest press any charges?
Ray, Dartmouth,
Plea bargain? An anathema to Justice as we know it. What carries a suspended sentence in the UK, may carry 20 years in jail somewhere else. Hence, extradition on the cheap, should be "seriously" considered by British Courts.
roger, London, UK