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

Abstract

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.