- Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections
- November 20, 2017 | Authors: Kymberly Kochis; Francis X. Nolan
- Law Firm: Eversheds Sutherland (US) LLP - New York Office
New York Law Journal
In the aftermath of the Second Circuit’s July 2017 decision in United States v. Allen, companies operating cross-border should be asking how far the Fifth Amendment’s protections against self-incrimination reach. Apparently, the answer is across the Atlantic Ocean and beyond. In Allen, the Second Circuit overturned an indictment and conviction based on testimony compelled by a foreign regulator pursuant to foreign law because the use of the testimony in a US court violated the defendants’ Fifth Amendment rights.In their article for the New York Law Journal, Eversheds Sutherland (US) attorneys Lewis Wiener, Kymberly Kochis and Francis Nolan and Eversheds Sutherland (International) attorney James Southworth examine the Allen decision and offer guidance to US and foreign companies as they navigate (and seek to avoid) criminal indictment and sanctions in the US while complying with foreign regulators.