UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement.
The agreement has been heralded...more
6/19/2020
/ CLOUD Act ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Document Productions ,
Electronically Stored Information ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Law Enforcement ,
Overseas Production Order (OPO) ,
Privacy Concerns ,
Regulation of Investigatory Powers Act 2000 (RIPA) ,
UK
The SFO faced a challenging 2019, with some high-profile acquittals, dropped investigations and new cases which were widely perceived as relatively underwhelming. We look back at the last 12 months, and set out what might be...more
1/8/2020
/ Acquittals ,
Barclays ,
Civil Liability ,
Corporate Crimes ,
Corporate Executives ,
Corruption ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Evidentiary Standards ,
Fraud ,
National Crime Agency (NCA) ,
Serious Fraud Office (SFO) ,
UK
The approach of the Serious Fraud Office (the “SFO”) to compelled interviews is a longstanding source of frustration for criminal defence lawyers. The beginning of Lisa Osofsky’s tenure as Director and the introduction of...more
11/21/2019
/ Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Justice Act ,
Fraud ,
Interviews ,
Legal Professional Privilege ,
Legal Representatives ,
Motion to Compel ,
Privileged Documents ,
Serious Fraud Office (SFO) ,
UK
Is there a point at which co-operation becomes capitulation? Is there a danger inherent in co-operating without the guarantee of a favourable outcome for doing so?...more
Many will be aware of Agatha Christie's popular and much-adapted tale involving a witness for the prosecution whose evidence is undermined. But, in the real world, last month we saw the latest discrediting of an expert...more
An informant is sent into the midst of a criminal gang. He is wearing a concealed device, crudely taped to his chest. Law enforcement agents listen in from the back of an unmarked van parked inconspicuously nearby hoping to...more
6/14/2019
/ Covert Human Intelligence Source (CHIS) ,
Criminal Investigations ,
European Convention on Human Rights ,
Evidence ,
Immunity ,
Informants ,
Organized Crime ,
Regulation of Investigatory Powers Act 2000 (RIPA) ,
Sentence Reduction ,
Serious Fraud Office (SFO) ,
Serious Organised Crime and Police Act 2005 (SOCPA) ,
UK ,
White Collar Crimes ,
Wiretapping