EFTA00078976¶
Please find attached an extract from The Decision Procedure and Penalties manual (DEPP 7) from the Financial Conduct Authority handbook – drawing attention to 7.2.14. This practice and approach resonates with the law as set out in United States v. Allen, 864 F.3d (2d Cir.2017). We also attach an extract from the publication ‘Montgomery and Ormerod on Fraud: Criminal Law and Procedure’ (2008) which summarises the approach taken by the Serious Fraud Office (see A7-327) to the limitations and protections on use when their compulsory powers are used in MLAT requests, an approach which reflects such cases as Kastigar v. United States, 406 U.S. 441 (1972) as well as decisions in UK domestic law. We reiterate the protection at Article 7 (2) of the MLAT treaty although there is no need to attach it.¶
Kind regards¶
Daniel Cundy | Partner¶
Blackfords LLP | 15 Old Bailey | London | EC4M 7EF¶
DX 161400 Old Bailey 5 | 020 3427 3343 | www.blackfords.com¶
COVID-19 – Please see our website here for our updated position in relation to Coronavirus.¶
In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com¶
Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CR0 1EA. A list of members’ names is available at this address.¶
GDPR: details of how we handle personal data can be found in our Privacy Statement¶
Authorised and regulated by the Solicitors Regulation Authority under number 462078.¶
Daniel Cundy | Partner¶
| Blackfords LLP | 15 Old Bailey | London | EC4M 7EF |
| DX 161400 Old Bailey 5 | 020 3427 3343 | www.blackfords.com | |
COVID-19 – Please see our website here for our updated position in relation to Coronavirus.¶
In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com¶
Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CRO 1EA. A list of members’ names is available at this address.¶
GDPR: details of how we handle personal data can be found in our Privacy Statement¶
Authorised and regulated by the Solicitors Regulation Authority under number 462078.¶
EFTA00078977¶