Ropes & Gray Attorneys Examine Cross-Border Investigations and the Fifth Amendment in the New York Law Journal
In a Nov. 13 article published by the New York Law Journal, government enforcement associate Yana Grishkan examines the DOJ’s prosecution of Anthony Conti and Anthony Allen in connection with LIBOR manipulation. The article discusses a crucial post-trial issue with potentially broad implications across a range of cross-border investigations in a variety of areas. In particular, under Kastigar v. United States and the Fifth Amendment, can the government rely on a witness who was exposed to statements of the defendants that were compelled by a foreign sovereign. In this LIBOR case, the defendants argue that the testimony of a key witness for the government, former Rabobak trader Paul Robson, was tainted by exposure to statements made by defendants Conti and Allen to the U.K. Financial Conduct Authority.
The article is available here.