The allegations against BDM

In June 2002, BDM were accused of working with former Enron executives of stealing more than $7.3 million from their employer, Greenwich NatWest a division of National Westminster Bank.

The charges claim that with the help of former Enron executives Michael Kopper and Andrew Fastow, the three men had their employer sell back its share of an Enron-related partnership for much less than it was worth. They then bought the partnership themselves and resold it for a much higher price, pocketing the difference. US prosecutors have accused the men of seven counts of "wire fraud" - sending faxes and emails across US federal borders in furtherance of an alleged conspiracy to defraud NatWest. If convicted the men face up to 35 years in a US penitentiary.

They are not accused of defrauding Enron and the alleged fraud is not said to have played any part in Enron's later downfall.

At the behest of the three, the full details of the case were investigated by the Financial Services Authority (FSA) - the regulator for the British banking industry - with an internal inquiry by NatWest’s new owners, the Royal Bank of Scotland (RBS). Despite being aware of all of the allegations, the SFO has declined to investigate.

There have never been any charges - either criminal or civil - lodged against the men in this country.

The road to extradition:

In November 2001, prior to the collapse of Enron or the start of any criminal investigations into that company, BDM contacted the FSA in order to report their investment in this transaction. Further to completing 5 hours of taped interviews and submitting all the documentary evidence of the deal, the three men heard nothing until the following March, when the FSA stated that they had concluded their initial investigations and found no evidence of any wrongdoing.

The FSA passed all the details to the US authorities with the three men's approval. The 3 were never interviewed or contacted by the US authorities, until in June 2002 a criminal complaint against them was posted on the internet. When these charges were posted on the internet RBS commented.

"We have looked at the conduct of Greenwich NatWest during the time of its relationship with Enron and are entirely satisfied that it acted properly."

Despite the fact that the alleged victim has so far failed to press charges the FBI believes that it has a case. The basis of that case rests upon the testimony of BDM to the FSA, a number of emails and the evidence from disgraced former Enron executive, Michael Kopper.

The key witness against them - Michael Kopper, has entered into a plea and co-operation agreement with the US Department of Justice and may never go to prison - depending on the number of people he helps imprison.

The three have always maintained their innocence, but never disclosed their defence. At no point have they sought to avoid justice - quite the opposite. This is why we feel we can support them.