The death of technology tycoon Mike Lynch, whose yacht sank off the coast of Sicily last week, has triggered calls by a some UK lawmakers to abolish Britain's extradition agreement with the US amid proposals that UK citizens should be prosecuted at home.
The calls come from Conservative MP David Davis and former Tory MP Jacob Rees-Mogg, who on Thursday said that the 2003 treaty, which allows the two countries to allow extradition of their citizens, should be abolished or amended after Lynch's death in a yachting tragedy.
Nick Vamos spoke to Law360 about the proposal, saying that there was no imbalance in the treaty — just in the investigatory prowess of the two countries.
According to Nick, the US finds it easier to persuade co-operating witnesses to testify against defendants, which means it can be more aggressive and advance its case more rapidly.. That makes it harder for agencies such as the Serious Fraud Office (SFO) to stake a claim to take over a prosecution.
Nick said: "The inequality is not in the treaty but in the practical consequences of the way that [Department of Justice] and SFO investigations develop".
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