(21 Jul 2006)
1. Exterior of court house
2. David Bermingham walks into court house
3. David Bermingham walking into court house
4. UPSOUND: (English)
Reporter: "Are you hoping to go home this afternoon?"
Bermingham: "I do hope so guys, yes."
3. Various of Giles Darby and Gary Mulgrew walking into court
4. American flag on top of court
5. Exterior of court house
STORYLINE:
The three British bankers charged with fraud for their alleged roles in an Enron scheme arrived on Friday at court in Houston, Texas for their bail hearing.
The trio - David Bermingham, Gary Mulgrew and Giles Darby - were extradited to Texas last week to face seven counts each 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 been free on temporary bonds in Houston since their initial July 14 hearing, in custody of a defence attorney and wearing electronic monitoring devices that allow federal officials to track their movements.
A judge was to consider granting a bond at a hearing on Friday, allowing the men to return home.
"I do hope so,'' Bermingham said as he entered the federal courthouse in Houston when asked if he wanted their bond to allow them to return to England.
Mulgrew and Darby arrived a few minutes later but didn't comment.
Federal prosecutors say they will agree to bond as long as it requires the three men to live in the United States pending trial.
The government points to their lengthy extradition battle - which they lost - as evidence that they didn't surrender willingly to US authorities and that they are a flight risk.
Prosecutors say if allowed to return home, a US court won't have authority to compel them to return, and they could launch another long extradition fight.
The three men's lawyers said in court papers filed on Thursday that if granted a bond that allows them to live in London, they will stop their appeals against extradition.
They also promise to continue wearing electronic monitoring devices; be under supervision of British authorities; post a combined four (m) million dollar 3.1 (m) million euro in sureties signed by friends and members; and pledge any other necessary assets.
Their lawyers say they have families to support, and their jobs are in London.
The so-called "NatWest Three'' were initially charged in June 2002.
Their indictment alleges that they came to Houston in February 2000 to concoct a fraudulent scheme with Fastow, from which they siphoned 7.3 (m) million dollars (5.7 million euros) while Fastow and others skimmed 12.3 (m) million dollars (9.7 million euros).
The men were arrested in April 2004 and came to Texas on July 13 after losing their last appeal.
Fastow, the architect of myriad fraudulent Enron schemes, pleaded guilty to two counts of conspiracy in January 2004 and is awaiting sentencing.
He testified against Lay and Skilling, and may testify against the British bankers.
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