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23 May 2025 / David Walbank KC
Issue: 8117 / Categories: Features , Procedure & practice , Criminal , Extradition , International
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Crime brief: 23 May 2025

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In two places at once? David Walbank KC considers requests for extradition & the double criminality rule
  • US indictment for insider dealing.
  • Conduct in UK.
  • Double criminality rule.

The Supreme Court has recently re-examined the double criminality rule in a judgment that is reckoned to have caused consternation within the US Department of Justice: El-Khouri v Government of the United States of America [2025] UKSC 3.

The facts of the case

Joseph El-Khouri was a dual United Kingdom/Lebanese national resident in the UK. He was suspected of insider dealing. The Financial Conduct Authority had conducted a criminal investigation, but decided there was insufficient evidence to charge. However, US prosecutors took a different view. A New York grand jury returned an indictment charging Mr El-Khouri with 17 offences, including securities fraud, wire fraud and conspiracy, and a request was made for his extradition to the US.

The facts alleged in the extradition request were that he had solicited ‘material non-public information’ in respect of ongoing negotiations

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