All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2024
7,046 Prosecutions
in September 2024
81,165 Prosecutions
in Fiscal Year 2024
8,712 Convictions
in September 2024
69,406 Convictions
in Fiscal Year 2024

CITE

    18 USC Sec. 3512                                            02/01/2010

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 223 - WITNESSES AND EVIDENCE

HEAD

    Sec. 3512. Foreign requests for assistance in criminal
      investigations and prosecutions

STATUTE

      (a) Execution of Request for Assistance. -
        (1) In general. - Upon application, duly authorized by an
      appropriate official of the Department of Justice, of an attorney
      for the Government, a Federal judge may issue such orders as may
      be necessary to execute a request from a foreign authority for
      assistance in the investigation or prosecution of criminal
      offenses, or in proceedings related to the prosecution of
      criminal offenses, including proceedings regarding forfeiture,
      sentencing, and restitution.
        (2) Scope of orders. - Any order issued by a Federal judge
      pursuant to paragraph (1) may include the issuance of -
          (A) a search warrant, as provided under Rule 41 of the
        Federal Rules of Criminal Procedure;
          (B) a warrant or order for contents of stored wire or
        electronic communications or for records related thereto, as
        provided under section 2703 of this title;
          (C) an order for a pen register or trap and trace device as
        provided under section 3123 of this title; or
          (D) an order requiring the appearance of a person for the
        purpose of providing testimony or a statement, or requiring the
        production of documents or other things, or both.
      (b) Appointment of Persons To Take Testimony or Statements. -
        (1) In general. - In response to an application for execution
      of a request from a foreign authority as described under
      subsection (a), a Federal judge may also issue an order
      appointing a person to direct the taking of testimony or
      statements or of the production of documents or other things, or
      both.
        (2) Authority of appointed person. - Any person appointed under
      an order issued pursuant to paragraph (1) may -
          (A) issue orders requiring the appearance of a person, or the
        production of documents or other things, or both;
          (B) administer any necessary oath; and
          (C) take testimony or statements and receive documents or
        other things.
      (c) Filing of Requests. - Except as provided under subsection
    (d), an application for execution of a request from a foreign
    authority under this section may be filed -
        (1) in the district in which a person who may be required to
      appear resides or is located or in which the documents or things
      to be produced are located;
        (2) in cases in which the request seeks the appearance of
      persons or production of documents or things that may be located
      in multiple districts, in any one of the districts in which such
      a person, documents, or things may be located; or
        (3) in any case, the district in which a related Federal
      criminal investigation or prosecution is being conducted, or in
      the District of Columbia.
      (d) Search Warrant Limitation. - An application for execution of
    a request for a search warrant from a foreign authority under this
    section, other than an application for a warrant issued as provided
    under section 2703 of this title, shall be filed in the district in
    which the place or person to be searched is located.
      (e) Search Warrant Standard. - A Federal judge may issue a search
    warrant under this section only if the foreign offense for which
    the evidence is sought involves conduct that, if committed in the
    United States, would be considered an offense punishable by
    imprisonment for more than one year under Federal or State law.
      (f) Service of Order or Warrant. - Except as provided under
    subsection (d), an order or warrant issued pursuant to this section
    may be served or executed in any place in the United States.
      (g) Rule of Construction. - Nothing in this section shall be
    construed to preclude any foreign authority or an interested person
    from obtaining assistance in a criminal investigation or
    prosecution pursuant to section 1782 of title 28, United States
    Code.
      (h) Definitions. - As used in this section, the following
    definitions shall apply:
        (1) Federal judge. - The terms "Federal judge" and "attorney
      for the Government" have the meaning given such terms for the
      purposes of the Federal Rules of Criminal Procedure.
        (2) Foreign authority. - The term "foreign authority" means a
      foreign judicial authority, a foreign authority responsible for
      the investigation or prosecution of criminal offenses or for
      proceedings related to the prosecution of criminal offenses, or
      an authority designated as a competent authority or central
      authority for the purpose of making requests for assistance
      pursuant to an agreement or treaty with the United States
      regarding assistance in criminal matters.

SOURCE

    (Added Pub. L. 111-79, Sec. 2(4), Oct. 19, 2009, 123 Stat. 2087.)

REFERENCES IN TEXT

      The Federal Rules of Criminal Procedure, referred to in subsecs.
    (a)(2)(A) and (h)(1), are set out in the Appendix to this title.
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