Effects of US Criminal Investigations in Germany

1
Effects of US Criminal Investigations in Germany

• Dr. Ralf Riegel
• Federal Office of Justice

2

• Principles of mutual legal assistance in criminal
  matters
• Legal basis for rendering assistance
• Experiences made and problems encountered

3
Principles of mutual legal assistance in criminal
matters

• Criminal investigations in the requesting state
• Request of a judicial authority
• Channel of communication
• Grounds for the refuse of assistance

4
Legal basis for rendering assistance

• Treaties
• - Bilateral treaties
• - Agreement between the U.S. and Germany on
  enhancing cooperation in preventing and
  combatting organized crime
• - EU U.S. Mutual Legal Assistance
  Agreement

5
Legal basis for rendering assistance

• - UN Convention Against Corruption
• - UN Convention Against transnational Crime
• Assistance without a treaty

6
Experiences made and problems encountered

• Investigations of the SEC against German
  companies
• - Informal requests for information
• - Subpoenas
• - Coordination of investigations
• - Confidentiality of the information
• - Data protection

7
Experiences made and problems encountered

• Cooperation in terrorism cases
• Fingerprints and DNA-data