Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The right not to testify against oneself in an American courtroom is absolute. What if, however, the testimony offered was compelled not by a U.S.-based prosecutor, but by a foreign government following its own laws? According to the U.S. Court of Appeals for the Second Circuit decision in United States v. Allen, the rule remains the same: The Fifth Amendment’s prohibition on the use of compelled testimony in American criminal proceedings applies even when a foreign sovereign has compelled the testimony. The government’s petition to rehear the case by the full Second Circuit panel was recently denied, which means the decision stands—for now.

Viewed practically, this decision exposes American prosecutors to a difficult trilemma: cease reliance on foreign criminal enforcement altogether; accept the risk that foreign evidence may endanger complex white-collar prosecutions; or seek to calibrate foreign enforcement to American investigatory standards.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.