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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.

Please see full Alert below for more information.

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

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

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

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Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

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