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The Uncertain Future Of Gov't Investigations Post-Deutsche

Law360 (June 3, 2019, 1:12 PM EDT) -- Last month, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York issued an opinion, U.S. v. Connolly, that could have significant implications for how companies cooperate in government investigations.

Following a trial, defendant Gavin Black was convicted of wire fraud and conspiracy to commit wire fraud and bank fraud in the well-known Libor manipulation scheme. Black argued that his conviction should be vacated and the indictment dismissed because interview statements he made to attorneys representing his employer, Deutsche Bank were “fairly attributable to the Government” and “compelled,” in violation of his Fifth Amendment right against...

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