Comments on: Case of the Day: Certain Funds v. KPMG https://lettersblogatory.com/2015/08/24/case-of-the-day-certain-funds-v-kpmg/ The Blog of International Judicial Assistance Sun, 24 Nov 2024 00:05:37 +0000 hourly 1 https://wordpress.org/?v=7.0.1 By: Ted Folkman https://lettersblogatory.com/2015/08/24/case-of-the-day-certain-funds-v-kpmg/#comment-2248 Mon, 24 Aug 2015 13:51:02 +0000 https://lettersblogatory.com/?p=21061#comment-2248 In reply to jwb.

Thanks, JWB!

]]> By: jwb https://lettersblogatory.com/2015/08/24/case-of-the-day-certain-funds-v-kpmg/#comment-2247 Mon, 24 Aug 2015 13:29:29 +0000 https://lettersblogatory.com/?p=21061#comment-2247 1. Related judgments from the JCPC are here and here. It’s a pretty fascinating case, and the JCPC decision provides vital context that the CA2 decision glosses over.

2. No one mentioned the “… including criminal investigations conducted before formal accusation” modifier to “for use in a foreign or international tribunal”. Couldn’t the funds have argued that the sukuk issuer is akin to the prosecutor mulling over a charging decision? Since the statute appears to contemplate potential targets of a criminal investigation using discovery to influence criminal investigations prior to formal accusation, there is at least a weak argument by analogy the funds could have used here.

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