Jurisdiction(s):
United Kingdom

UK Supreme Court clarifies Extradition Act 2003: territorial ‘conduct’ test and double criminality bar US extradition in El-Khouri insider dealing case

Published on: 13 February 2025

Published by a Law360 reporter

Legal News

Article summary

The UK Supreme Court unanimously allowed Joseph El‑Khouri’s appeal, stopping the United States from seeking the London-based trader’s extradition to answer allegations of insider dealing. The justices reversed two lower-court decisions, finding he could not be surrendered because the core of the alleged misconduct occurred in the UK. They observed that the sole act said to have taken place in the US was paying for a middleman’s hotel room in New York, while the locations where any gains were later enjoyed were merely incidental. Delivering the ruling, Justice George Leggatt said the lower courts were wrong to hold that extradition was justified on the basis that the supposed insider dealing was “felt” on US markets. That conclusion, he explained, conflicts with the plain wording of the extradition scheme, which ties “conduct” to where the physical acts were carried out, not to where their effects were experienced. For these purposes, conduct occurs within the requesting state only if the person sought physically performs the acts in that territory...

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