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Fifth Amendment › Indictments

Dorsey & Whitney LLP

The Supreme Court Update - April 17, 2024

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The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Vinson & Elkins LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

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IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Emphasizes Transparency and Encourages Cooperation

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In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...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

WilmerHale

Case Note: Allen and Conti

WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

Latham & Watkins LLP

Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

Latham & Watkins LLP on

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...more

King & Spalding

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

King & Spalding on

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

Eversheds Sutherland (US) LLP

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

Eversheds Sutherland (US) LLP on

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...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

A&O Shearman

Second Circuit Overturns Convictions, Dismisses Indictments In LIBOR Case Due To Taint Of Testimony Compelled By Foreign...

A&O Shearman on

On July 19, 2017, the United States Court of Appeals for the Second Circuit overturned the convictions of Anthony Allen and Anthony Conti, former traders at Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (“Rabobank”)...more

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