David Bermingham, Giles Darby and Gary Mulgrew had offered legal and financial sureties that they would return to America to face trial, but the court ruled that they must remain in the US until they go on trial in September.
Judge Stephen Smith said he was concerned that the men could launch another lengthy extradition battle if they were allowed to return to the UK. They were considered a “flight risk” because they failed to give themselves up to US authorities when they were first charged in June 2002.
The three men were flown to Texas last week and placed in custody after losing a lengthy extradition battle. A week ago the men were released on the condition that they were tagged and remained in Houston. They returned to court today to hear their full bail conditions.
Lawyers for the men argued that the men would be unable to work in the US and had families at home in the UK to support. The men offered to be supervised by British authorities and offered $4 million (3.1 million) in sureties.
But the judge ruled that the men must remain on bail in the US under the supervision of Dan Cogdell, Mr Bermingham’s lawyer. They have placed a surety with the court and must continue to wear electronic tagging devices.