The report, whose conclusions have been foreshadowed by regulators in Congressional testimony, derives from an investigation this winter by the Office of Comptroller of the Currency, the Federal Reserve Board, the Office of Thrift Supervision and the Federal Deposit Insurance Corporation.
In this case, prior to their trial in the United States, Allen and Conti moved under Kastigar to dismiss the indictment or to suppress Robson's testimony, on grounds that Robson's testimony was derived in part from Robson's review of Allen's and Conti's compelled testimony to the FCA.
And we have held that testimony of a live witness may be admitted, notwithstanding that the testimony was derived from a concededly unconstitutional search.
More importantly, it has extended the fight against torture by using the right to a fair trial protected in Article Six of the human-rights convention to exclude for the first time proceedings where testimony is derived from torturing witnesses.
Derivative use immunity, however, provides a much more expansive protection against the use of either compelled testimony or any evidence derived from it at trial.
The remnants of ancient works restored and preserved at archaeological sites, while reflecting Indian influences, also bear testimony to the inspiration derived from Buddhism.
Clues to his operations can be derived from testimony given at the trial in London of three self-confessed Abu Nidal followers, who tried to kill the Israeli Ambassador to Britain, Shlomo Argov, in June 1982.
The New York court interpreted the New York immunity statute to prevent only 'the use of the witness' testimony and any evidence derived therefrom.' 24 N.Y.2d, at 604, 301 N.Y.S.2d, at 549, 249 N.E.2d, at 416.
The Daubert ruling put expert witnesses on notice that they couldn't just opine in court or theorize for the sole purpose of testifying as expert witnesses (a lucrative business for some); rather, their testimony had to be derived from scientifically valid principles.
