A letter of request issued to the Secretary of State by the Public Prosecutor of Milan was issued outside the scope of his authority and was unlawful under Italian law. The Prosecutor sought assistance in respect of ongoing criminal proceedings brought against the bank in Italy that arose out of swap transactions agreed between the bank and the city of Milan. As a result of the Secretary of State's decision to refer the request to the SFO, under the Crime (International Co-operation) Act 2003 s.15(2), the SFO's decision to issue notices under the Criminal Justice Act 1987 s.2 could not stand.
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JP Morgan Chase Bank National Association v Director of the Serious Fraud Office  EWHC 1674 (admin) (20 June)
- Jones Day
- Sion Richards, Craig C. Shuttleworth, Barnaby C. Stueck , Michael Brown, Harriet Territt and Glyn Powell
- July 13 2012
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