FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
The lesson of the NatWest Three
29 November 2007

Whilst most observers understand the reasons behind the recent guilty plea of the NatWest Three, (a probable sentence of 37 months versus a possible 30 years) they may miss the case's most important lesson for UK professionals: any conduct that could constitute a financial crime impacting the United States may result in their extradition to that country, where Federal laws are heavily weighted in favour of the prosecution, and where the sentences are generally far longer than those handed down in the United Kingdom. Would you really like to be under an upraised blade for seventeen months, waiting for it to fall upon you? I think not.

Perhaps it might be prudent for UK financial professionals regularly engaged in Trans-Atlantic commerce to learn about not only the criminal laws of the United States, but about the sentencing policies and procedures. A short study of American conspiracy laws, for example, would definitely be an eye-opener, as well as the United States Sentencing Guidelines, especially the method through which a sentence is mathematically calculated and adjusted. Such a task might just make one a bit more careful when confronted with a choice between proper business ethics, and earning an obscene amount of money by bending the rules.

The lesson of NatWest: The United States criminal justice system doesn't just make examples out of online UK gaming executives. It also will target fraudsters overseas, if they are a part of a major American case, and any unfortunate UK businessmen caught up in the law enforcement web had better plead guilty forthwith, or he may find himself sharing a cell with a rough-around-the-edges drug kingpin who has no sense of humour. Save yourself, mate. 


 

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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