EFTA00022199.pdf

Type: pdf
Source set: data-set-8
Extracted text

From: Daniel Cundy  
To: ' 
Cc: 
Richardson' 
Subject: Reference materials further to our call 
Date: Sun, 09 Aug 2020 16:29:52 +0000 
Attachments: Ormerod-Release-13-1Ieaf A7_(002).pdf; DEPP_7.2_(003).pdf 
Inline-Images: image85476 ljpg; image532909.jpg; image421070.jpg; image733915.jpg 
 )"  
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 I Partner 
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Daniel Cundy I Partner 
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