Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations.

Key Points:

..The Fifth Amendment also limits the use a defendant’s statements compelled by a foreign power.

..The government bears the “heavy burden” of showing all evidence is derived from a source “wholly independent” of a defendant’s statements compelled by a foreign power.

..The government’s reliance on tainted evidence before a grand jury was not harmless and warrants dismissal of indictment.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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