Court denies the US government’s petition for rehearing, despite argument the decision will hinder cross-border investigations and prosecutions.
Key Points:
..Second Circuit bars government’s reliance on testimony compelled by foreign authorities.
..District court already imposing heavy burden on government to show all evidence derived from source independent of defendant’s testimony compelled by UK regulatory authority.
..US and UK authorities may modify investigative strategies to account for Second Circuit’s ruling.
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