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From Baksheesh to BriberyUnderstanding the Global Fight Against Corruption and Graft$
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T. Markus Funk and Andrew S. Boutros

Print publication date: 2019

Print ISBN-13: 9780190232399

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190232399.001.0001

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The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions: Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory

The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions: Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory

Chapter:
(p.547) 20 The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions: Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory
Source:
From Baksheesh to Bribery
Author(s):

Andrew Boutros

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190232399.003.0020

The investigation of corruption, bribery, and similar transnational criminal conduct, like the discovery process for transnational civil proceedings, often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement officials from simply flying to a foreign country to conduct searches, question suspects, obtain documents, and proceed with arresting individuals for trial in the United States. In the absence of a foreign country’s agreement to cooperate in a criminal investigation, U.S. prosecutors or civil litigation counsel have limited options. There are two primary means of obtaining evidence for use in transnational criminal proceedings: a Mutual Legal Assistance Treaty (MLAT) and a letter rogatory.

Keywords:   internal investigation, FCPA, foreign official, bribery, corruption, anti-corruption, MLAT, letter rogatory

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