2nd Circ. Throws Wrench Into FCPA Enforcement

Law360, New York (August 11, 2017, 1:36 PM EDT) -- While the U.S. Department of Justice has increasingly turned to foreign enforcement agencies to help prosecute violations of the Foreign Corrupt Practices Act, the recent Second Circuit case, U.S. v. Allen, has thrown a constitutional wrench into the DOJ’s efforts. Allen found that the Fifth Amendment prohibits use of testimony compelled by a foreign government — even if lawfully compelled pursuant to a foreign legal process — not only when the compelled testimony is directly introduced as evidence during a domestic criminal trial of the compelled witness, but also when it even shapes, alters, or affects any other evidence used against...

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