£1m shares con accused fights extradition to USA
BY ALAN McEWEN A SCOT is fighting extradition to the US over an alleged £1.1million scam on the grounds that his human rights protections have been violated.
James Craig is accused of using Twitter to carry out a Wall Street shares racket that caused havoc on the stock market.
The FBI want the 64-year-old to be tried in the US.
But at the Court of Session in Edinburgh yesterday, Craig’s lawyers were granted a judicial review of his case.
They argued that he was at a disadvantage because a legal rule brought in by the UK Government to protect citizens against extradition did not apply in Scotland.
Craig’s team said the refusal of the Scottish Government to introduce the rule was “unlawful” and violated his human rights protections.
Judge Lady Clark of Calton said she was “satisfied” a judicial review should take place.
Craig, of Dunragit, near Stranraer, is accused of creating fake Twitter accounts for reputable market research firms and spreading false rumours about companies.
It’s alleged he bought shares as they slumped in response to the lies – then sold them when the price recovered.
The US Securities and Exchange Commission say Craig tweeted false statements in 2013 about two companies – Audience and Sarepta Therapeutics.
The tweets suggested both firms were under federal investigation.
Shares in the companies plummeted after the tweets.
At the Court of Session, Craig’s lawyers referred to the “forum bar” – a legal rule brought in by the then Home Secretary Theresa May in 2013.
It allows citizens to invoke several bars to prevent their extradition from the UK.
Craig’s team said the Scottish Government refused to introduce the forum bar on the advice of the Lord Advocate.
They claimed the move was “unlawful”.
Aidan O’Neill QC, representing Craig, said: “It’s a UK statute intended to apply across the UK.”
Advocate Andrew Webster, representing the Lord Advocate, opposed a judicial review.
He said: “It’s not for the court to direct the Executive in matters of legislation.”
Ruth Crawford QC said there was “nothing unlawful” about the Scottish Government “expressing a view” on implementing the forum bar.