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Attorneys Examine Court’s Decision to Uphold LIBOR Convictions Amid Compelled Testimony Questions

Practices: Government Enforcement / White Collar Criminal Defense, Corporate & Securities Litigation

In a Feb. 25 article published by The New York Law Journal (subscription required), Ropes & Gray attorneys examine questions around the use of compelled testimony in the LIBOR-related convictions of two former Rabobank traders, which will not be dismissed on Fifth Amendment grounds.

The article discusses a decision by U.S. District Court Judge Jed Rakoff to conduct a full post-trial Kastigar analysis of whether the defendants were prejudiced by their involuntary statements made to a foreign government. The analysis concluded without squarely resolving whether the Fifth Amendment privilege against self-incrimination applies to such situations.

The authors include government enforcement associate Yana Grishkan.

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