Share on LinkedInShare on LinkedIn

ARTICLE · 19 FEBRUARY 2016

Wiretaps: The Forbidden Fruit

WilmerHale
WilmerHale
Contributor
WilmerHale

WilmerHale

WilmerHale's London office was established more than 40 years ago. With lawyers qualified in the...

View firm profile
Explore more from WilmerHale

Onlookers expecting to witness wiretap evidence being presented to the jury, as seen to devastating effect in the Galleon insider trading trial of Raj Rajaratnam in the US in 2011, will be left disappointed.

United KingdomCriminal Law
Lloyd Firth
Lloyd Firth
Author LinkedIn connections

Foreign observers of the ongoing trial of five defendants at Southwark Crown Court as part of Operation Tabernula (the UK's largest ever insider dealing investigation) may be surprised to note a significant type of evidence that neither the prosecution nor the defence will be introducing: telephone calls intercepted, in the UK, by the use of wiretaps.

Onlookers expecting to witness wiretap evidence being presented to the jury, as seen to devastating effect in the Galleon1 insider trading trial of Raj Rajaratnam in the US in 2011, will be left disappointed. The UK remains the, "only country in the common law world that prohibits completely the use of intercepted communications as evidence in criminal proceedings."2

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI‑Generated Indecent Images: How The Law Is Changing And What It Means For You

The law around indecent images is evolving fast to keep up with artificial intelligence. Today’s AI tools can create incredibly realistic sexual images and videos, including of children, from scratch or by manipulating innocent photos. These “synthetic” indecent images raise urgent questions: is it illegal to make or possess them if no real child was physically harmed? What about AI “deepfakes” that put someone’s face into a sexual image?
United KingdomCriminal Law
Olliers Solicitors
Olliers Solicitors
Article

What Does Section 172 Of The Road Traffic Act 1988 Mean For Drivers?

When police issue a Section 172 notice requiring you to identify who was driving your vehicle during an alleged traffic offence, failing to respond correctly can result in six penalty points, unlimited fines and possible disqualification. Understanding your legal obligations, available defences and the consequences of non-compliance is essential to protecting your driving licence and avoiding a criminal conviction.
United KingdomCriminal Law
JMW Solicitors LLP
JMW Solicitors LLP
Article

Domestic Violence Bail Conditions: What They Mean And How To Challenge Them

Domestic violence bail conditions can be far-reaching. If you are released on bail during a domestic abuse investigation, you may be required to leave your own home, to stay away from a partner or family member, and to limit contact with your children, all before any decision to charge has been made. These conditions can be challenged, and getting early advice on them matters, because they can remain in place for a long time while an investigation continues.
United KingdomCriminal Law
Olliers Solicitors
Olliers Solicitors
Article

What Are The Exceptional Hardship Sentencing Guidelines?

Accumulating 12 or more penalty points on your driving licence typically triggers an automatic disqualification, but the law provides a potential avenue for relief through exceptional hardship arguments. Understanding how these sentencing guidelines work and what evidence the courts require can make the difference between keeping your licence and facing a driving ban that could profoundly impact your employment, family responsibilities and daily life.
United KingdomCriminal Law
JMW Solicitors LLP
JMW Solicitors LLP
Article

How Do You Complete A Section 172 Notice Form Correctly?

Understanding how to respond to a Section 172 notice is crucial for anyone involved in an alleged road traffic offence. This comprehensive guide explains the legal requirements for identifying the driver, the information you must provide, and the serious consequences of failing to comply correctly. Learn what steps to take if you cannot identify who was driving and when you should seek legal advice to protect your position.
United KingdomCriminal Law
JMW Solicitors LLP
JMW Solicitors LLP
Article

PTAB/USPTO Update - September 2026

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The SEC’s Transfer Agent Modernization Proposal: Implications For Onchain Recordkeeping

The SEC has proposed a comprehensive overhaul of transfer agent regulations that would formally recognize distributed ledger technology and blockchain-based recordkeeping systems within the existing regulatory framework. This modernization effort imposes enhanced operational, safeguarding, and compliance obligations while establishing technology-neutral standards that could significantly impact tokenization initiatives and digital asset market infrastructure.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

Climate Disclosure Update: California Issues Updated Regulations And Guidance For GHG Emissions Reporting

California's Air Resources Board has released significant modifications to its greenhouse gas emissions reporting regulation, deferring the first reporting deadline to November 10, 2026, and clarifying key requirements for companies doing business in California with over $1 billion in annual revenue. The updates provide additional flexibility for 2026 reporting while enforcement of the Climate-Related Financial Risk Act remains paused pending federal litigation.
United StatesEnvironment
WilmerHale
WilmerHale
Article

US ITC Seeks Public Comment On Reviving Its Section 338 Reporting Role Following The President’s Use Of Section 338 Tariff Authority

The US International Trade Commission has opened a rare public comment period on how it should fulfill its data collection and reporting obligations under Section 338 of the Tariff Act of 1930, a long-dormant authority recently invoked by the Trump Administration to impose restrictions on Canadian imports. This presents a unique opportunity for companies and stakeholders to shape from the ground up how the Commission interprets discriminatory foreign trade practices, evaluates allegations, and reports findi
GlobalInternational Law
WilmerHale
WilmerHale
Article

Washington Attorney General Publishes First Data Privacy Report

Washington Attorney General Nick Brown released the state's first Data Privacy Report, examining how the modern data economy incentivizes personal information collection and retention. The report catalogs resulting harms and recommends that lawmakers strengthen privacy protections, enforcement, and public education while highlighting Washington's continued lack of a comprehensive consumer privacy statute despite inspiring other states' privacy laws.
United StatesPrivacy
WilmerHale
WilmerHale
Article

Sports And Gaming Law In The First Half Of 2026: Top Five Developments

The sports and gaming industries are evolving faster than existing legal frameworks can accommodate, creating unprecedented jurisdictional battles, regulatory shifts, and commercial opportunities. From the escalating fight over prediction markets between federal regulators and states to the emergence of responsible gaming as a standalone policy priority, the first half of 2026 has reshaped the legal landscape governing these sectors while raising fundamental questions about innovation, consumer protection
United StatesMedia, Telecoms, IT, Entertainment
WilmerHale
WilmerHale
Article

Data Centers In Dispute: Contract And Treaty Claims In The Global Build-Out

As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.
United StatesLitigation, Mediation & Arbitration
WilmerHale
WilmerHale
Article

FARA’s Future: DOJ Signals Regulatory Revisions And Heightened Enforcement Action

The US Department of Justice has signaled a potential expansion of enforcement under the Foreign Agents Registration Act (FARA) and Section 951, despite earlier indications of limited criminal enforcement. Recent regulatory developments, policy announcements, and high-profile prosecutions of US officials suggest a renewed focus on foreign agent disclosure requirements and potential criminal liability for undisclosed relationships with foreign governments.
United StatesGovernment, Public Sector
WilmerHale
WilmerHale
Article

Recent DOJ Settlements Highlight False Claims Act Scrutiny Of Medicare Advantage Providers

The U.S. Department of Justice has announced three major settlements totaling over $558 million against healthcare providers partnering with Medicare Advantage plans for allegedly submitting false diagnosis codes. These enforcement actions reveal DOJ's intensified scrutiny of risk-sharing payment arrangements between Medicare Advantage plans and healthcare providers, while demonstrating the significant benefits that self-disclosure and cooperation can provide to companies facing potential False Claims Act l
United StatesFood, Drugs, Healthcare, Life Sciences
WilmerHale
WilmerHale