Category Archives: MLA and international investigations

Overseas production orders – important and interesting

When Ministers describe a draft bill as “important but essentially boring”, one can safely assume that lawyers, not widely celebrated for their ability to distinguish the interesting from the boring, are the only people who sit up and take notice. So it is with the Crime (Overseas Production Orders) Act 2019, which received Royal Assent […]

Ben Henriques comments on the European Investigation Order in Law360

British legislation entering into force on Monday cements the right of European Union authorities to demand the execution of cross-border criminal investigation requests, even as legal experts question whether the pioneering enforcement law will survive the UK’s exit from the EU. “This may well result in large corporates receiving an increased number of requests for material from […]

Compulsory document production powers in criminal investigations – do they have extraterritorial effect?

The past year has produced some fascinating US case law concerning the extent to which US search warrants have extraterritorial effect. In July 2016, a US appellate court held that a US based service provider (Microsoft) served with a search warrant did not have to produce data stored on servers located in Ireland.[1] Earlier this […]

Far away, yet so close: extended jurisdiction in the DOJ and SFO FX investigations

Earlier this year, it was announced that three FX traders had been indicted in the United States with a single count of conspiracy for manipulating the price of US dollars and Euros in the FX Spot Market.  The fact that all three traders were British nationals, working in the comfort of their respective employers’ London […]

Amendments to the Extradition Act 2003: new opportunities (and new pitfalls) for those defending extradition requests

The Extradition Act 2003 (the Act) has had another facelift. It has reached the point where the Act currently on the statute books barely resembles the one that was enacted 11 years ago. It does not assist practitioners working in the minefield of extradition law that the amendments have been brought into force by legislation, […]