The Natwest Three have claimed that US prosecutors are sitting on evidence that could exonerate them from charges of helping Enron's CFO snap up a company on the cheap.
A year to the day after they were extradited, the trio's lawyers filed a motion on Monday at the district court in Houston which they requested access to papers they claim prosecutors hold.
The issue rests on the sale of Natwest's 50% stake in Swap Sub, an offshore investment vehicle, which US prosecutors claim that the trio undervalued in making a deal with the energy giant's former CFO Andrew Fastow.
US prosecutors based their accusation on data which showed that Credit Suisse (then called Credit Suisse First Boston), which owned the other 50% of Swap Sub was paid a total of $10m (£5m) for its stake, but the three bankers have said that the prosecution has papers which show that the sum included other transactions.
The motion claims: 'The $10m went far beyond the mere purchase of CSFB's interest in Swap Sub. Mr Fastow compensated CSFB for its contemporaneous agreement to enter into more than $115m worth of derivatives contracts with Enron.'
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