Discovery for Foreign Criminal Investigations in 2015
Section 1782, Title 28 of the United States Code allows a litigant of a legal proceeding outside the United States to ask an American court to obtain evidence for use in foreign proceedings. Such assistance to foreign and international tribunals, and to litigants before such tribunals, is a useful precedent for those seeking 'discovery' of documents in the US in support of criminal investigations by a foreign investigating magistrate.
Recently, the CEO of a Swiss firm, Geneva Partners, filed a criminal complaint in Switzerland against Optimal Investment Services (OIS). Ultimately, this led to a civil claim against OIS and a request for documents in the United States. The US Court of Appeals for the Second Circuit has ruled that a federal statute that authorizes courts to order documents for certain foreign proceedings also permits such discovery for criminal investigations by foreign magistrates.
In a two hour LIVE Webcast, a panel of thought leaders and professionals gathered by The Knowledge Group will review the use of Discovery for Foreign Criminal Investigations and discuss how this legal precedent may affect international criminal cases and transnational business. The panel will provide the audience with the best practices and sound advice to avoid the most common risks and pitfalls surrounding Discovery in Foreign Criminal Investigations.
Key topics include:
- Foreign Criminal Investigation - An Overview
- Foreign Criminal Investigation Procedures
- Foreign vs. International Tribunal under § 1782. Title 28
- Qualifying Requirements for Discovery in a Foreign Criminal Investigation
- Requirements for Foreign Criminal Investigation
- Regulatory Developments
- Compliance and Litigation Risks
- Best Practices
Chaffe McCall, L.L.P.
- What and why is Section 1782?
- What are MLATs and who may use them?
- Letters Rogatory or Not?
- MLATS vs Letters Rogatory
Greenberg Traurig, LLP
- Addressing local laws applicable to target’s right to counsel and recognition of attorney-client privilege.
- Address local law regarding access to investigation documents and direct communication with witnesses.
- Identify potential collateral exposure and applicable extradition treaties.
- Identify applicable laws and treaties that provide for the securing of documents and information, e.g., 28 USC sec. 1782.
- Assess law and treaty requirements for establishing jurisdiction on appeal and requirements for establishing a record.
- Assess political exposure and risk that may influence access to information.
Who Should Attend:
- Foreign Criminal Investigation Lawyers
- Litigation Lawyers
- White Collar Lawyers
- Corporate Lawyers
- Legal Consultants
- In-house Counsel
- Other related/interested Professionals and Organizations
Donald J. DeGabrielle is an accomplished litigator who has the ability to advise clients with insight that very few lawyers possess. He is a former federal prosecutor for the Southern District of Texas with a practice focus on government investigations and white collar criminal defense. As a Partner in Chaffe McCall's Houston office, and since entering private practice, he has experience conducting internal investigations for Fortune 500 companies and corporations who have been victimized with IP thefts, embezzlement schemes and extortion. He has represented clients in matters concerning:
- Healthcare Fraud
- State and Federal environmental investigations
- SEC Enforcement actions
- Criminal Antitrust
- Federal Agency Debarment
Mr. DeGabrielle’s considerable federal law enforcement experience includes serving as Special Agent with the FBI, an Assistant U.S. Attorney, and the Houston area's top‐ranking prosecutor as U. S. Attorney. During his service as a federal prosecutor, he managed a staff of 170 U.S. Attorneys and received special commendations for leading the Criminal Division within the district. He further completed an assignment with the Public Integrity Unit where he tried over 50 federal criminal jury trials and focused on trials related to:
- Public corruption
- White collar and environmental crimes
- Bank fraud
- Criminal and Narcotics
Donald J. DeGabrielle is an accomplished litigator who has the ability to advise clients with insight that very few lawyers …
Sanford M. Saunders brings more than 30 years of experience as an international trial and white collar criminal defense lawyer, and represents business executives and legislative and ministerial level public official in cases alleging fraud, money laundering and corruption, including representing the Chairman of Yukos Oil (billionaire Mikhail Khodorkovsky) in two criminal trials in Moscow involving the largest allegation of money laundering ever prosecuted. A related civil securities action was filed in federal court in New York. His clients include financial institutions and individuals engaged in the banking and securities industries, and he has represented clients in quashing or limiting MLAT requests in the United States and Europe. He led the team that secured the first Swiss refusal to provide documents on the grounds the MLAT request was politically motivated as well as the release of billions of dollars for an international holding company. This work has taken him to five continents, and he now serves as a Visiting Fellow at the George Mason University Center on Terrorism, Transnational Crime and Corruption.
Sanford M. Saunders brings more than 30 years of experience as an international trial and white collar criminal defense lawyer, …
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Specialized Knowledge and Applications
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About Chaffe McCall, L.L.P.
At Chaffe McCall we work with clients regionally, nationally and internationally to address the challenges they face in numerous areas of law. Our mission is to provide the highest quality of legal services in a timely and cost-effective manner. Our attorneys are devoted to understanding our clients' business and are known for successfully providing clients with legal guidance consistent with their business interests and goals. Founded in 1826, Chaffe McCall LLP is Louisiana's oldest full-service law firm, centrally located in downtown New Orleans with additional offices in Houston, Baton Rouge, and Lake Charles. The firm can be found online at www.chaffe.com
About Greenberg Traurig, LLP
Greenberg Traurig is an international law firm with approximately 1800 attorneys and governmental affairs professionals in 37 commercial and government centers across the United States and in Latin America, Europe, the Middle East and Asia. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas. For additional information, please visit www.gtlaw.com.