Nic Bourtin, Managing Partner of S&C’s Criminal Defense and Investigations Group and Co-Head of the Firm’s FCPA and Anti-Corruption Group, and associate Sabrina Solow, authored an article for Lexis Practical Guidance providing an overview of the two primary forms of federal prosecution immunity: use immunity and derivative use immunity.
The authors discuss the seminal case of Kastigar v. United States (1972), the importance of Kastigar hearings and the government’s discretion in deciding whether to offer immunity. They also outline selective immunization issues including agreements and grants, immunity-related issues employers should be prepared to navigate, as well as recent examples of attempts to apply Kastigar taint hearings.
Read the article: ‘Federal Prosecution Immunity’