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Paul and Sandra Dunham lose US extradition case Paul and Sandra Dunham lose US extradition case
(about 2 hours later)
A British couple have lost their High Court fight against extradition to the United States over an alleged fraud.A British couple have lost their High Court fight against extradition to the United States over an alleged fraud.
Paul and Sandra Dunham, of Northampton, appealed after the US Department of Justice sought their extradition over what the couple claim is an "employment-related dispute".Paul and Sandra Dunham, of Northampton, appealed after the US Department of Justice sought their extradition over what the couple claim is an "employment-related dispute".
They "vehemently reject" allegations relating to expenses claims in the US. Mr Justice Simon said the pair were not facing "trivial" charges.
The couple's barrister, Ben Watson, said extradition was disproportionate in the circumstances. Ben Watson, representing the couple, said extradition was disproportionate in the circumstances.
The pair "vehemently reject" allegations relating to expenses claims in the US.
Health 'suffered severely'
Mr Dunham, 58, was chief executive and president of Pace, a US company manufacturing soldering irons for the electronics industry.Mr Dunham, 58, was chief executive and president of Pace, a US company manufacturing soldering irons for the electronics industry.
He was indicted on 13 counts of fraud and money-laundering by a grand jury in Greenbelt, Maryland, in December 2011.He was indicted on 13 counts of fraud and money-laundering by a grand jury in Greenbelt, Maryland, in December 2011.
Mrs Dunham, 57, is accused of aiding and abetting him. Mrs Dunham, 57, is accused of aiding and abetting him. Neither were in court.
Mr Watson told Lord Justice Beatson and Mr Justice Simon to allow their claim under Article 8 of the Human Rights Act, which relates to private and family life. The court heard they were in the US for a decade from 1999 to 2009.
The Dunhams were not in the London court to hear the judges dismiss their case. Mr Watson said: "They lost their jobs, and therefore the stake they had in the company in which they had worked for many years and their assets in the US including their residential home.
"They were declared bankrupt in this country, they lost their good standing and meaningful employment opportunities and their mental and physical health has suffered severely too.
"But what tips the balance, we say, is what awaits them in the US."
He claimed there was no "realistic prospect of bail" and the remand facility they were likely to be sent to would be "wholly inadequate" care for the mental health of Mr Dunham, who had suffered a series of mini-strokes.
The court was asked to allow their claim under Article 8 of the Human Rights Act, which relates to private and family life.
'Totally let down'
But Mr Justice Simon said to describe the charges as "only an expenses fraud" did not address the gravity and extent of the alleged criminality over a number of years.
He added: "In some cases there is compelling evidence of an acute or chronic psychiatric illness which cannot or will not be treated."
The court was told Mr Dunham's condition did not approach the threshold that it would be unjust or oppressive to order extradition, and Mrs Dunham's moderate to severe depression was not as serious as her husband's condition.
Mr Justice Simon said he was not persuaded that the public interest in extradition was outweighed by an "exceptionally severe" interference with their Article 8 rights.
Later, Mr Dunham said: "We've been totally let down. Neither our government nor courts can see the injustice of sending innocent British citizens thousands of miles away to be jailed pre-trial without having examined a shred of evidence in the case.
"Without the Supreme Court or Europe's intervention, we're yesterday's people. Our lives are shattered.
"The cruelty of this injustice is too much to bear. Unless someone intervenes at the 11th hour, we've lost our wealth, health, liberty and, likely, our lives."