Cheng v Government of the United States of America [2014] EWHC 4091 (Admin) (19 November 2014)

Cheng v Government of the United States of America [2014] EWHC 4091 (Admin) (19 November 2014)

The conduct alleged against the appellant, namely participation in a conspiracy to export goods to Iran by misleading US authorities, would constitute conspiracy to defraud under UK law and thus is an extradition offence; the Secretary of State was entitled to make the extradition order as specialty would be observed.

Citation
[2014] EWHC 4091 (Admin)
Parties
Appellant: Cheng; First Defendant: Government of the United States of America; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Extradition Appeal / Appeal From District Judge and Secretary of State's Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Offences, Specialty Principle, Conspiracy to Defraud, Export Controls
Criminal Law Extradition Law Extradition Offences Specialty Principle Conspiracy to Defraud Export Controls

Case Brief

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Parties

Cheng

Appellant

Government of the United States of America

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Extradition Appeal / Appeal From District Judge and Secretary of State's Extradition Order

Legal Issues

  1. 1 Whether the conduct alleged constitutes an extradition offence under UK law
  2. 2 Whether the Secretary of State erred in making the extradition order without an assurance regarding prosecution only for conspiracy to defraud

Ratio Decidendi

The conduct alleged against the appellant, namely participation in a conspiracy to export goods to Iran by misleading US authorities, would constitute conspiracy to defraud under UK law and thus is an extradition offence; the Secretary of State was entitled to make the extradition order as specialty would be observed.

Court Disposition

Appeal dismissed

Orders

  • Appeal against District Judge's decision dismissed
  • Appeal against Secretary of State's extradition order dismissed