EFTA00022199.pdf

103 KB

Extraction Summary

3
People
6
Organizations
3
Locations
1
Events
2
Relationships
3
Quotes

Document Information

Type: Email / legal correspondence
File Size: 103 KB
Summary

An email from Daniel Cundy (Blackfords LLP) dated August 9, 2020, providing legal reference materials following a phone call. The email attaches extracts regarding Financial Conduct Authority procedures and criminal law fraud procedures. The text discusses legal protections regarding compulsory powers in MLAT (Mutual Legal Assistance Treaty) requests, citing *United States v. Allen* and *Kastigar v. United States* (protection against self-incrimination).

People (3)

Name Role Context
Daniel Cundy Sender / Partner
Partner at Blackfords LLP, sending legal reference materials regarding MLAT requests and self-incrimination protections.
Gary Bloxsome CC Recipient
Copied on the email, presumably a colleague at Blackfords LLP.
Jennifer Richardson CC Recipient
Copied on the email, presumably a colleague or associated counsel.

Organizations (6)

Name Type Context
Blackfords LLP
Law firm representing the sender.
Financial Conduct Authority
Source of the handbook extract (DEPP 7) attached to the email.
Serious Fraud Office
Mentioned in the context of compulsory powers and fraud procedure.
Solicitors Regulation Authority
Regulatory body mentioned in the footer.
Chambers UK
Awarding body in signature.
Legal 500
Awarding body in signature.

Timeline (1 events)

2020-08-09
Email correspondence following a phone call.
N/A
Daniel Cundy Redacted Recipient

Locations (3)

Location Context
Location of Blackfords LLP office.
Registered office location for Blackfords LLP.
Mentioned in case citations (United States v. Allen, Kastigar v. United States).

Relationships (2)

Daniel Cundy Colleagues Gary Bloxsome
Both included on email from Blackfords LLP.
Daniel Cundy Colleagues/Co-counsel Jennifer Richardson
Included on email thread.

Key Quotes (3)

"This practice and approach resonates with the law as set out in United States v. Allen, 864 F.3d (2d Cir.2017)."
Source
EFTA00022199.pdf
Quote #1
"We reiterate the protection at Article 7 (2) of the MLAT treaty although there is no need to attach it."
Source
EFTA00022199.pdf
Quote #2
"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"
Source
EFTA00022199.pdf
Quote #3

Full Extracted Text

Complete text extracted from the document (3,047 characters)

From: Daniel Cundy <[REDACTED]>
To: "[REDACTED]" <[REDACTED]>
Cc: "[REDACTED]" <[REDACTED]>, "[REDACTED]" <[REDACTED]>, Gary Bloxsome <[REDACTED]>, "Jennifer Richardson" <[REDACTED]>
Subject: Reference materials further to our call
Date: Sun, 09 Aug 2020 16:29:52 +0000
Attachments: Ormerod-Release-13-1leaf_A7_(002).pdf; DEPP_7.2_(003).pdf
Inline-Images: image854761.jpg; image532909.jpg; image421070.jpg; image733915.jpg
Dear [REDACTED],
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 | Partner
Blackfords LLP | [REDACTED] | London | EC4M 7EF
[REDACTED] | www.blackfords.com
RANKED IN Chambers UK 2020 Leading Firm
LEGAL 500 UNITED KINGDOM TOP TIER 2020
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 [REDACTED] where we will respond to the messages in the order they are received or by emailing your enquiry to [REDACTED]
Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at [REDACTED] Croydon, CR0 1EA. A list of members' names is available at this address.
GDPR: details of how we handle personal data can be found in ourPrivacy Statement
Authorised and regulated by the Solicitors Regulation Authority under number 462078.
Daniel Cundy | Partner
Blackfords LLP | [REDACTED] | London | EC4M 7EF
[REDACTED] | www.blackfords.com
RANKED IN Chambers UK 2020 Leading Firm
LEGAL 500 UNITED KINGDOM TOP TIER 2020
COVID-19 – Please see our websiteherefor our updated position in relation to Coronavirus.
EFTA00022199
[Page 2]
In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling [REDACTED] where we will respond to the messages in the order they are received or by emailing your enquiry to [REDACTED]
Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at [REDACTED] Croydon, CR0 1EA. A list of members' names is available at this address.
GDPR: 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

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