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Analysis & opinionJuly 22 2021

The DoJ’s power to subpoena foreign banks expands as the SFO’s diminishes

Recent legislation signals the US government’s determination to root out financial crime, regardless of where it may originate.
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The DoJ’s power to subpoena foreign banks expands as the SFO’s diminishes

Recent US legislation and an important ruling by the UK Supreme Court highlight the contrasting powers given to American and British law enforcement to subpoena materials held by companies overseas. These developments have implications for international banks doing business in either country.

In February, the UK Supreme Court issued a ruling that significantly curtailed the ability of Britain’s premier financial crime regulator, the Serious Fraud Office (SFO), to obtain materials held by banks and other business in locations overseas.

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