British bankers granted bond, must stay in U.S.
Defendant calls restrictive conditions psychological torture
Houston ? Three British bankers facing Enron-related fraud charges learned Friday that they must stay in the United States pending trial under restrictive conditions that one of them said could be regarded as “psychological torture.”
U.S. Magistrate Stephen Smith sided with federal prosecutors in granting a bond that blocks the trio from returning to England and possibly launching another lengthy extradition battle after losing a string of appeals over more than two years.
“The problems posed by allowing the defendants to return to the U.K. are very substantial,” Smith said.
The judge said he was concerned about lack of U.S. jurisdiction in England, and noted that the men would have to voluntarily waive extradition before a British court upon their return home for their promise to do so to become official.
“I have never released a defendant on bail to reside somewhere beyond the jurisdiction of the United States courts,” the judge said. “My authority, and this court’s authority, doesn’t go beyond the water’s edge.”
The three men – David Bermingham, 43, Gary Mulgrew, 44, and Giles Darby, 43 – appeared stricken at Smith’s ruling.
“This is going to be tough. We are tough people, but I’m not underestimating the difficulties we face. It might be regarded as a form of psychological torture, if you wish,” Berm-ingham said as he and his co-defendants left the courthouse Friday. “Primarily, we went into the courtroom this morning hoping and praying we’d be able to go back and see our families, and that was the first thing denied us.”
The trio was extradited to Texas last week. They face seven counts of wire fraud for allegedly colluding with former Enron Chief Financial Officer Andrew Fastow in a secret financial scam in 2000 to enrich themselves at their employers’ expense.
They have pleaded not guilty. Their trial is slated for Sept. 11, but is likely to be postponed.

