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Michael A. Schwartz Quoted in Compliance Week Article, 'Court Deals Setback to Prosecutors in Cross-Border Case'

9/19/2017
Michael A. Schwartz Quoted in Compliance Week Article, 'Court Deals Setback to Prosecutors in Cross-Border Case'

Michael A. Schwartz, a partner and co-chair of the Litigation and Dispute Resolution Department of Pepper Hamilton, was quoted in the September 12, 2017 Compliance Week article, "Court Deals Setback to Prosecutors in Cross-Border Case."

Be mindful of compelled testimony. Defense counsel representing individual employees involved in cross-border investigations should investigate whether compelled testimony was provided to witnesses that the Justice Department either put before a grand jury or will call at trial, says Michael Schwartz, a partner at law firm Pepper Hamilton.

Although the fact pattern in Allen is unique, Schwartz adds, there is a "significant tactical advantage" to identifying whether any witnesses were exposed to the compelled testimony and forcing the prosecution to prove its evidence is untainted.

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