Extradition, Mutual Legal Assistance & Cross-Border Crime

The globalisation of criminal conduct and the ease with which funds can be moved electronically around the world mean that the investigation and prosecution of major cases (whether fraud, corruption, price-fixing, or money-laundering) has become increasingly international, often involving complex jurisdictional issues.  This is reflected in the increased international co-operation between domestic law-enforcement authorities through the mutual legal assistance (“MLA”) regime.  It is also reflected in those involved often facing concurrent investigation, the prospect of extradition, and the risk of prosecution, in more than one jurisdiction.

Those facing investigation in more than one jurisdiction need co-ordinated advice not only in relation to their potential criminal liability, but also in relation to their ability to travel.  Whether through Interpol, the European Arrest Warrant or simply a border watch-list, those under investigation are increasingly at risk of detention not only in the jurisdictions that are investigating them, but also in any other country that has entered into formal arrangements with the investigating state.  In the light of the growing ease with which extradition can be obtained, the subject of much recent criticism in relation to the UK-US arrangements, the importance of obtaining specialist advice in this area cannot be over-stated.

UK law enforcement authorities (including the SFO, the FSA and HM Revenue & Customs) have the ability to obtain evidence from overseas through mutual legal assistance (“MLA”) arrangements using a “Letter of Request”.  Similarly, those authorities are often asked to assist their overseas counterparts in connection with the investigation and prosecution of offences abroad.  Indeed, demonstrating how common it is for mutual legal assistance requests to feature in major fraud investigations, the SFO now has a dedicated MLA unit specifically dealing with this area.  This co-operation can extend to obtaining freezing or restraint orders over assets in the UK, or requesting that overseas authorities register UK freezing or restraint orders against overseas assets.

BCL’s recognised expertise puts us at the forefront of UK lawyers best able to advise those involved in international criminal investigations and related areas.  Our many years of experience mean that we have developed close working relationships and extensive contacts with similarly specialist lawyers practicing in other jurisdictions.

Our experience in these areas in recent years has included the following: