In our last column, we described how certain policy developments and memoranda of understanding between U.S. federal agencies will likely lead to an increase in market manipulation investigations.1 In this column, we describe how cooperation between domestic and foreign law enforcement agencies can provide U.S. prosecutors with evidence for use in prosecutions that is not subject to U.S. constitutional protections. This practice has been likened to foreign law enforcement agencies serving up evidence on an “international silver platter” for U.S. prosecutions.
Two recent opinions from the U.S. Court of Appeals for the Second Circuit describe the relevant issues and standards and reaffirm that even U.S. citizens have only limited means of excluding evidence obtained from foreign law enforcement agencies. Moreover, scores of mutual legal assistance treaties between the United States and other countries and memoranda of understanding between United States and foreign law enforcement agencies indicate that such cooperation will likely increase in the future.
‘United States v. Lee’
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