High Court overturns extradition order on forum grounds in Hamilton v Government of the United States of America

The High Court of England and Wales recently made a significant decision in the case of Christopher Hamilton v Government of the United States of America [2023] EWHC 2893 (Admin), overturning an extradition order to the US on the grounds of forum. The case involved allegations of conspiracy to assist in the laundering of proceeds from a fraudulent Ponzi scheme involving the cryptocurrency ‘OneCoin’.

Hamilton and his alleged co-conspirator had opposed extradition on various grounds, including abuse of process, lack of interest of justice, and concerns about prison conditions in the US. Despite these challenges, the judge initially rejected Hamilton’s arguments and ordered his extradition. However, following a renewed application, the High Court granted Hamilton permission to appeal on the grounds of forum.

The court ultimately ruled in Hamilton’s favor, finding that the UK was the most appropriate jurisdiction for prosecution. The decision was based on factors such as Hamilton’s significant connections to the UK, his lack of ties to the US, and the majority of the alleged money laundering activities occurring in the UK.

In a separate case, Popoviciu v Romania [2023] UKSC 39, the Supreme Court clarified the standard of proof required for a convicted person opposing extradition. The court held that the individual must prove on the balance of probabilities that their conviction in the requesting state was unjust, rather than merely showing a real risk of unfairness.

The case involved Mr. Gabriel Popoviciu, who had been convicted in Romania and faced extradition. Despite initial success in overturning the extradition order based on allegations of bias and corruption in the trial, the Supreme Court ultimately ruled that Popoviciu had to prove the unfairness of the trial on the balance of probabilities.

While the EAW was ultimately withdrawn and the conviction suspended, the Supreme Court proceeded with its judgment to address the important legal question raised in the case.

These cases highlight the complexities and challenges involved in extradition proceedings, emphasizing the importance of legal standards and considerations in determining the appropriate forum for prosecution.