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Self-Incrimination Fifth Amendment Department of Justice (DOJ)

McGuireWoods LLP

The Perils of Pleading the Fifth in the Corporate Fraud Context

McGuireWoods LLP on

“Pleading the Fifth” is one of the most commonly known phrases in our legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, in the corporate fraud context,...more

Vinson & Elkins LLP

Defending On All Sides: Common Discovery Perils In Parallel Civil And Criminal Cases

Vinson & Elkins LLP on

On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more

BakerHostetler

Should You Take the Fifth in a Civil Antitrust Investigation?

BakerHostetler on

The Department of Justice’s (DOJ) Antitrust Division recently announced its new policy to formally warn all recipients of Civil Investigative Demands (CIDs) that the information they provide in response may be used by the DOJ...more

BakerHostetler

Judge Rebukes Government for Outsourcing Internal Investigation of LIBOR Rigging Scheme

BakerHostetler on

On May 2, 2019, Judge Colleen McMahon of the Southern District of New York ruled that the government effectively outsourced a portion of its ongoing investigation of LIBOR manipulation at one financial institution (the Bank)...more

Dechert LLP

US Court of Appeals Overturns LIBOR Convictions Based on Derivative Use of Compelled Testimony Lawfully Obtained in UK

Dechert LLP on

In a decision with significant implications for cross-border criminal and regulatory investigations in both the UK and U.S., a panel of the U.S. Court of Appeals for the Second Circuit recently overturned two convictions for...more

Cadwalader, Wickersham & Taft LLP

US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a...more

Troutman Pepper

Fifth Amendment Prohibits Use of Compelled Foreign Testimony in U.S. Criminal Trials

Troutman Pepper on

On July 19, the U.S. Court of Appeals for the Second Circuit vacated the conviction of two former London-based bankers, Anthony Allen and Anthony Conti, who were convicted in October 2015 on multiple counts of bank and wire...more

Zuckerman Spaeder LLP

Fired for Taking the Fifth: Famous Firings in History

Zuckerman Spaeder LLP on

The Department of Justice’s recent Yates Memo creates a new emphasis on individual accountability for corporate or entity wrongdoing. It also enhances the risk to corporate employees that they will need to choose between...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

BakerHostetler

Ninth Circuit Holds that Fifth Amendment Does Not Shield Taxpayer's Attorney from Forced Production of Client-Taxpayer's Records

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Applying the “foregone conclusion” exception to the Fifth Amendment privilege against self-incrimination, the Ninth Circuit held on January 8, 2013, that the IRS could force a taxpayer’s criminal defense attorney to turn over...more

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