The future of cross-border government enforcement investigations has been shaken by the U.S. Court of Appeals for the Second Circuit’s recent decision in United States v. Allen, 864 F.3d 63 (2d Cir. 2017), which held that the Fifth Amendment’s prohibition on the use of compelled testimony in criminal proceedings applies even when that testimony was compelled by a foreign official in a foreign investigation. Allen‘s ramifications are far-reaching and may put pressure on other circuits, including the Ninth, to embrace the holding or disavow it.
The Libor Investigation and ‘Allen’
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