Significant problems arise where an investigating authority searches premises for relevant material and the holder of the material asserts a claim of legal privilege over some, if not all, of the documents concerned. Invariably the holder's claim is rejected by the investigating authority, either on the ground that legal privilege does not attach to the category of material in question, or if it does attach, the privilege falls away because the material was brought into existence to further a fraudulent purpose. How are disputes between the investigating authority and the holder of the material to be resolved? How is the true status of the material to be determined?
Fisher, J. (2000), "Legal Privilege in Criminal Cases Generally, and Money‐Laundering Cases in Particular", Journal of Money Laundering Control, Vol. 4 No. 1, pp. 26-36. https://doi.org/10.1108/eb027259
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