US Prosecutors Face Major Setback in Push to Normalize Use of Testimony Compelled Outside Country

In July 2017, U.S. Court of Appeals for the Second Circuit threw out the convictions of two men charged with Libor manipulation because key evidence was derived from testimony that had been compelled in the United Kingdom in violation of their rights under the US Constitution with potentially broad implications for future cross-border investigations. The court ruled in US v Allen that the Fifth Amendment privilege against self-incrimination extends to testimony compelled by other sovereign governments. This article examines the Allen ruling and its likely implications.