Epstein Secrets

t will adequately pro- tect and secure for the defendant the ben- efit of his bargain under the nonprosecu- tion agreement if he is entitled to it." Bailey, 34 F.3d at 691; see Bird, 709 F.2d at 392 (same). Here, Stolt-Nielsen and Wingfield may interpose the Agreement (as a defense to conviction) in

ea immunity from prosecution, but to provide him with a shield against successful prose- cution, available to him as a defense"); United States v. Bailey, 34 F.3d 683, 690- 91 (8th Cir.1994) (holding that an agree- ment "not to prosecute" protected the de- fendant from "the inherent risk of convic- tio

itness' invocation of the Fifth Amendment, the Supreme Court has held that the scope of the immu- nity granted must be as broad as the privi- lege. Kastigar, 406 U.S. at 460, 92 S.Ct. at 1859. Due to the cumbersome requirements of obtaining properly authorized statutory im- munity, U.S. Attorneys often

heir representatives in your investigation and in civil matters outside of it. Kind regards Gary Gary Bloxsome I Partner Blackfords LLP I 15 Old Bailey I London I EC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com $ RANKED IN • cumbers 0, UK ee', 1 () 9 0 t glb Leading WM 0 T

e 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 it. 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 alth

s ex pane subpoena, it will also suppress all evidence derived therefrom. See Wong Sun v. United States, 371 U.S. 471, 488 (1963); United States v. Bailey, 743 F.3d 322, 341-42 (2d Cir. 2014). The government thus cannot avoid inquiry into its conduct simply by pledging not to use the material itself i

921 F.2d 442, 447 (2d Cir. 1990) ("The government bears the burden of proving that the taint [of an illegal search] has been alleviated.")). Like a Kastigar hearing, "the government bears `the heavy burden of proving that all of the evidence it proposes to use was derived from legitimate independent sou

s ex pane subpoena, it will also suppress all evidence derived therefrom. See Wong Sun v. United States, 371 U.S. 471, 488 (1963); United States v. Bailey, 743 F.3d 322, 341-42 (2d Cir. 2014). The government thus cannot avoid inquiry into its conduct simply by pledging not to use the material itself i

921 F.2d 442, 447 (2d Cir. 1990) ("The government bears the burden of proving that the taint [of an illegal search] has been alleviated.")). Like a Kastigar hearing, "the government bears `the heavy burden of proving that all of the evidence it proposes to use was derived from legitimate independent sou