EFTA00022199.pdf

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 RANKED IN • Cliaml)ers 11:11 II Blackfords LLP I I London I EC4M 7EF lb UK AP :1111I I www.blackfords.com Ct. Ito si(y)0 COVID-19 — Please see our websiteherefor our updated position in relation to Coronavirus. In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling where we will respond to the messages in the order they are received or by emailing your enquiry to Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Croydon, CR0 LEA. A list of members' names is available at this address. GDPR: details of how we handle personal data can be found in ourPtivacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078. Daniel Cundy I Partner • RANKED IN' Chambers 0,. % UK air e e os o Blackfords LLP I I London I EC4M 7EF I I www.blackfords.com so 90 70e 101' :: I caging 1km COVID-19 — Please see our websiteherefor our updated position in relation to Coronavirus. EFTA00022199 In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling where we will respond to the messages in the order they are received or by emailing your enquiry to Blackfords LLP is a limited liability partnership registered in England & Wales with registered number 0C325398 at Croydon, CRO LEA. A list of members' names is available at this address. GOPR: details of how we handle personal data can be found in ourPrivacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078. EFTA00022200