Judge Colleen McMahon ruled that interviews conducted during an internal investigation by a defendant’s employer and its counsel at the request of the CFTC were “fairly attributable” to the CFTC. The court determined that, under Second Circuit precedent,[1] the CFTC’s request that the employer conduct an internal investigation and interview one of the defendants was a government directive, given the pressure that the defendant felt to cooperate. Accordingly, the use of a criminal defendant’s statements...
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United States v. Matthew Connolly and Gavin Campbell Black (S.D.N.Y. May 2, 2019, Contested)
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