George Hepburne Scott instructed in global terrorist financing extradition case involving Hezbollah

George is instructed in the case of USA v S.N. on behalf of a defendant facing a US extradition request who is said to be at the centre of a global terrorist financing conspiracy involving the sale and export of $750 million worth of diamonds and artworks which are said by US federal prosecutors to have been deliberately undervalued to evade US OFAC sanctions to enable the funding of Hezbollah.

The extradition request has been made by the US Department of Justice Office of International Affairs and is being led from the highest levels of the US Government.

George is highly experienced in resisting US extradition requests especially those involving allegations of complex global conspiracies.

The case is listed at Westminster Magistrates’ Court throughout 2024 and is attracting worldwide media attention

George Hepburne-Scott wins in groundbreaking Japanese extradition case

On 11 August 2023, following multiple contested hearings spanning two years, George’s client, J.C. was discharged at Westminster Magistrates’ Court by the Chief Magistrate of England and Wales.

The case involved an unprecedented extradition request made by the Government of Japan to the UK’s Home Secretary for the extradition of J.C. in respect of a robbery of a jewellery store in Tokyo in November 2015. J.C. was alleged to have been involved with others in carrying out the robbery which is alleged to have netted c.£670,000 worth of jewellery.

The extradition request raised a number of novel and complex issues and was resisted on multiple fronts before the Chief Magistrate who ruled on each of them in favour of the defence, resulting in the ultimate discharge of the defendant on 11 August. In essence the Judge ruled that: (a) the Government of Japan had not properly established a prima facie case against the Defendant due to admissibility issues with the putative identification evidence, (b) extradition constituted a risk of a breach of articles 3, 4, 5 & 6 the European Convention on Human Rights, and (c) the formal assurances provided by the Govt of Japan (pursuant to the case of Aranyosi) were insufficient to properly allay the risks of the identified human rights breaches.

The Govt of Japan has indicated that it will appeal these decisions and therefore the case will now proceed to the High Court.

George was led by Mark Summers, KC of Matrix and both counsel were instructed by Lisa French of Foxes Solicitors

Success for George Hepburne-Scott in a High Court Extradition Appeal

On 20 July 2023, George’s client, S.G. was discharged by a High Court Judge following a successful appeal against an order for extradition made by a district judge (“the DJ”) at Westminster Magistrates’ Court.

Essentially, S.G. (“the appellant”) was wanted by Poland on an Extradition Arrest Warrant containing (a) a sentence of 18 months for fraud in 2007 and (b) an accusation of participation in a criminal organisation and being involved in selling over 2kilos of cocaine and over 10kilos of amphetamine between 2003-2007. The point on appeal was that the DJ had found the appellant to be a fugitive in respect of (a) but not (b). By the time of the appeal, the appellant had served the vast majority of the sentence for (a). The argument was that the DJ had not properly analysed the passage of time between the end of the offences re (b) in 2007 and the issuance of the extradition warrant in September 2020. There had been culpable delay which was under-analysed by the DJ.

The High Court Judge therefore reevaluated the Article 8 question and, notwithstanding the seriousness of the offences and the fact that the appellant had no family in the UK, upheld the submission that extradition would be disproportionate.

The appellant was therefore discharged on appeal and released from HMP Wandsworth.

Another Success for George Hepburne-Scott in a High Court Extradition Appeal

On 14 February 2023, George Hepburne-Scott succeeded in an extradition appeal in the High Court.

In the case of Poland v D.O. a District Judge (“DJ”) of Westminster Magistrates’ Court (“Westminster”) had previously ordered the Appellant’s extradition to Poland to fact charges of VAT fraud which were allegedly committed in 2003 - 2005 and allegedly involved approximately £600,000 of tax being evaded through multiple fraudulent vat invoices and tax returns.

On appeal, George argued that the extradition after all these years, in circumstances where the Appellant was not a fugitive, would be oppressive within the meaning of s.14 of the Extradition Act 2003. He further argued that the DJ was incorrect when he failed to take account of the false sense of security that the Appellant would have felt.

Following detailed written and oral submissions at a fully-contested extradition appeal hearing on 14 February, Mrs Justice Steyn DBE delivered the judgment of the High Court. This judgment agreed with George’s submission that the passage of time has created a false sense of security for the Appellant who had raised a child in the meantime. Steyn J agreed that this false sense of security had not been considered by the DJ.

Consequently, the appeal was allowed and the DJ’s order for extradition was quashed

George Hepburne-Scott’s article published in New Law Journal this week

George’s article is based on his recent successful extradition appeal case in the High Court - Fedorowicz v Lithuania, and and comments on the scope of offences under the Serious Crime Act 2015 in the extradition context. The full article can be viewed here.

George Hepburne-Scott Achieves Another Excellent Result in US Extradition Case

George was recently instructed in the extradition case of USA v SD where a $10M global pharmaceutical fraud was alleged involving Indian distributors selling prescription drugs through the internet to customers in the US. The client was arrested in the UK and subject to the extradition request from the US Government which alleged him to be a primary conspirator in this global fraud.

We worked very closely with US attorneys at Reed Smith one of whom was a former US Federal prosecutor. Working in lockstep with the US team and achieved an excellent result for the client, on the basis of which he agreed to go to the US by consent with bail being guaranteed by the US Government, with a view to entering pleas to lessor charges and receiving a non-custodial outcome. This was remarkable given that the maximum sentence was originally cited by the lawyers for the US as being 10 years.

George Hepburne-Scott has developed a particular expertise in US extradition requests especially those involving global pharmaceutical or crypto fraud allegations.

Success in the case of Switzerland v M.D.

On 10 June 2022, George’s client M.D. was successful in the case of Switzerland v M.D.

The case involved an allegation of high value fraud involving an attack on the treasury IT systems of a major global company. The Swiss authorities had issued a Part 2 international arrest warrant and extradition proceedings had commenced against George’s client.

However, persistent legal argument and applications, including co-ordinated action in Switzerland through a Swiss lawyer that we engaged for the client, the extradition hearing was vacated at Westminster Magistrates’ Court as the Swiss prosecutor had agreed to an unprecedented granting of ‘safe passage’ to Switzerland under art. 204 of the Swiss Code of Criminal Procedure’. The client’s passport was returned to enable him to attend Switzerland where he gave evidence to a Judge and was guaranteed not to be arrested. The client duly attended and gave his full account including highly material defence evidence. He then returned to the UK.

Following this and further legal representations, the Swiss authorities finally agreed to withdraw the Part 2 international extradition arrest warrant and the client was discharged on the extradition proceedings under s82 of the 2003 Act.

Recent Extradition Successes (March 2022 Update)

George Hepburne Scott has been successful in the following recent extradition cases:

THAILAND V N.R.

Successfully defeated Thai request for the extradition of British business man for alleged global financial crimes

JAPAN V J.C.

Successfully defeated Japanese extradition request for British man accused of involvement in a £1M Tokyo jewellery robbery

SPAIN V P.B.

Successfully defeated a Spanish extradition request for a British accountant accused of masterminding a global multi-£M money-laundering scheme

ROMANIA V A.E.E.

Successfully defeated a Romanian request for a British / Egyptian man convicted of cultivation of cannabis and sentenced to 5 years.

Another Important Extradition Victory for UK Extradition Lawyer

On 17 January 2022, George Hepburne Scott's client was discharged by a District Judge at Westminster Magistrates' Court; his extradition having been requested by Romania where he had been sentenced in his absence to 5 1/2 years custody for cultivation and supply of cannabis.

The full extradition hearing had taken place in December 2021. It was a very interesting case where the requested person was a qualified medical doctor who suffered from severe mental illness including PTSD which was attributed to an 'undisclosed incident' that he suffered within a Romanian prison. However, the expert consultant psychiatrist called on his behalf at the hearing gave evidence, that was entirely accepted by the District Judge, that this PTSD was severe and would worsen if the requested person were extradited.

This was a highly unusual case and the District Judge indicated that it was the longest judgment he had ever written. Ultimately, the requested person was discharged on the grounds that to extradite would be "oppressive" within the hearing of s.25 of the Extradition Act 2003 and also, relatedly, disproportionate in terms of Article 8 of the ECHR.

The client, was, understandably, overjoyed and stated that the judgment had 'given him his life back.' This was a hard fought, hard one and important extradition victory.

George Hepburne Scott Instructed in Seminal High Court Appeal Case involving Greek Prison Conditions

George Hepburne Scott of UK Extradition Lawyer has been granted permission to appeal by the High Court in a landmark case involving Greek prison conditions. The case shall be heard by senior judges of the Divisional Court of the High Court in 2022.