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IHR Advisors founder Ben Keith told The Times this week that Andrew and Tristan Tate could delay their return to the United Kingdom into next year if they contest the government’s request in the American courts. Ben spoke with The Times’ legal editor, Jonathan Ames, after US Marshals arrested the brothers in Florida and detained them in Miami, where they are held while the Crown Prosecution Service pursues extradition on charges including rape and trafficking for sexual exploitation. Both men deny any wrongdoing.
Extradition from the United States is as much a political process as a legal one, because the final decision rests with the State Department rather than the courts alone. The brothers are likely to challenge the CPS application in the American courts, and a ruling on that challenge could be as much as nine months away.
The charges themselves are heavy. Andrew Tate, 39, faces counts of rape, human trafficking for sexual exploitation, actual bodily harm and offences relating to indecent images and extreme pornography. Tristan Tate, 38, faces counts of rape, sexual assault and trafficking. The CPS has confirmed the total number of alleged victims now stands at seven, after a further evidence file from Bedfordshire police.
Critics have long called the UK-US arrangement lopsided, arguing that it is harder to extradite from the United States to Britain than from Britain to the United States. However, Ben’s view is that much of that criticism is overstated, and that in practice the two countries respect each other’s trial processes. The brothers hold dual UK-US nationality, a factor he suggested could marginally tilt Washington towards granting the request.
Two further complications stand out. The first is bail. If the American authorities release the brothers while a challenge runs its course, there is a real risk they could leave for a third country. The second is politics. The Tates have spent considerable effort cultivating allies close to the Trump administration, and with the State Department holding the final say, that effort could shape the outcome. They have been doing it for a reason.
We act for individuals and companies facing extradition requests, contested surrender proceedings and the cross-border criminal exposure that often sits behind them. Our extradition practice runs alongside our work in international law and INTERPOL Red Notice removal, which frequently arise from the same allegations and the same political pressures.
Ben Keith is ranked a star leader in extradition by Chambers and Partners and Tier 1 in the Legal 500, and edits the Red Notice Monitor.
With thanks to Jonathan Ames and The Times for the original coverage, which you can read here. Ben Keith set out his analysis in full on LinkedIn.
If you or your business is facing an extradition request or a related cross-border investigation, contact us for a confidential discussion.
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