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White-collar crime; Compelled testimony; Cross-border; International white-collar investigation; Financial corporations; International; Multijurisdictional; United States v. Allen; Kastigar hearing; DOJ; Department of Justice; MLAT; Mutual Legal Assistance Treaty; Taint; Taint Teams; Parallel Investigations; Future Foreign Corrupt Practices Act; Fifth Amendment; Derivative Use Immunity; Financial Conduct Authority; FCA
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Full-Text Articles in Transnational Law
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …