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On 19 Aug 2020, at 17:36,¶
External email: is it safe to open attachments and links?¶
Gary,¶
Are we still planning to speak via phone tomorrow at 2:30 London time?¶
Regards,¶
Subject: Reference materials further to our call¶
Dear¶
Apologies for the slight delay.¶
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¶