Dual criminality requires that the alleged conduct constitutes a criminal offence in both jurisdictions at the time of the extradition request, not necessarily when the conduct occurred. However, if the conduct was lawful in the UK when it took place, this can form the basis of a strong challenge. US prosecutors frequently pursue charges under federal statutes with broad extraterritorial reach — particularly in fraud, tax, and cyber cases — where the UK equivalent offence may not exist or may carry substantially different elements. Each case requires careful analysis of the specific charges and their UK equivalents.
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