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Fifth Amendment Criminal Convictions

Dorsey & Whitney LLP

The Supreme Court Update - March 3, 2025

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Today, the Supreme Court of the United States granted certiorari in one case: Barrett v. United States, No. 24-5774: A jury convicted Dwayne Barrett of robbery under the Hobbs Act, 18 U.S.C. § 1951, which prohibits...more

Sheppard Mullin Richter & Hampton LLP

“Take Five” – A Guide to Invoking the Fifth Amendment in Civil Cases

Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

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The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2020

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Today, the Supreme Court of the United States issued the following four opinions: Rodriguez v. FDIC, No. 18-1269: The Internal Revenue Service (“IRS”), under its statutes and regulations, allows an affiliated group of...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Emphasizes Transparency and Encourages Cooperation

In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more

BakerHostetler

Supreme Court Gives Green Light to Prosecutors "Piling On" in Cross-Border Criminal Enforcement Actions

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On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit a successive federal prosecution of an individual for...more

Polsinelli

Are Individuals in Jeopardy After Supreme Court Double Jeopardy Decision?

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The Supreme Court issued its final opinions for the 2018–2019 term last Thursday, ending a session of heavily-watched decisions. In one of its last opinions of the term, the Supreme Court upheld the dual-sovereignty doctrine...more

Polsinelli

Supreme Court Upholds the Dual-Sovereignty Doctrine - What This Double Jeopardy Clause Means for Individuals

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The Supreme Court issued its final opinions for the 2018–2019 term last Thursday, ending a session of heavily-watched decisions. In one of its last opinions of the term, the Supreme Court upheld the dual-sovereignty doctrine...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

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The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

Dorsey & Whitney LLP

The Supreme Court - June 17, 2019

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The Supreme Court of the United States issued four decisions this morning: Manhattan Community Access Corp. v. Halleck, No. 17-1702: A private nonprofit corporation known as MNN operates the public access channels on Time...more

Patterson Belknap Webb & Tyler LLP

Court Declines to Revisit Reversal of LIBOR Convictions

The Second Circuit has denied the government’s request for rehearing en banc in United States v. Allen, et al. (16-cr-98). In July, a panel of the Court (Cabranes, Pooler, Lynch) vacated the convictions of Anthony Allen and...more

WilmerHale

Case Note: Allen and Conti

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This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

Latham & Watkins LLP

Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

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The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations. Key Points: ..The Fifth Amendment also limits the use a defendant’s statements compelled by...more

King & Spalding

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

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Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

Eversheds Sutherland (US) LLP

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...more

A&O Shearman

Second Circuit Overturns Convictions, Dismisses Indictments In LIBOR Case Due To Taint Of Testimony Compelled By Foreign...

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On July 19, 2017, the United States Court of Appeals for the Second Circuit overturned the convictions of Anthony Allen and Anthony Conti, former traders at Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (“Rabobank”)...more

Patterson Belknap Webb & Tyler LLP

Convictions reversed in LIBOR case

On July 19, 2017, in United States v. Allen, et al. (16-cr-98) (Cabranes, Pooler, Lynch), the Second Circuit issued a decision reversing the convictions of defendants Anthony Allen and Anthony Conti for wire fraud and...more

Dorsey & Whitney LLP

The Supreme Court - June 26, 2017

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The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

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