Free MEMORANDUM in Support - District Court of Delaware - Delaware

. I I ’ Case1:06—mc-00002-SLR Document 2_- Filed 01203/2006 Page1of4 I ·
_ I IN THE UNITED STATES DISTRICT COURT
. I an AFOR THE DISTRICT·OF DELAWARE
. IN RE LETTER OF REQUEST ` _ q le ) O . _ I
FROM ARGENTINA _ )
IN THE MATTER OF · ) Misc. No. 06-
BANK ous _ ‘ > S
{ · GOVERNMENT'S MEMORANDUM OF LAW _ I
_ -IN SUPPORT OF APPLICATION FOR ORDER
U ` This memorandum of law is submitted in support of the
Application for an Order pursuant to Title 28, United States
Code, Section 1782, in order to execute a letter of request from
''`` .Argentina. A translation of the letter of request is attached,
· -FACTUAL BACKGROUND:
- This application relates to civil litigation in
l Argentina arising from non—payment of a credit card debt. The
_ Argentinian Court has requested assistance relating to
e information that may be in the District of Delaware.i 5 _
I I EVIDENCE SOUGHT: .s i-_
U . ° The Argentinian authorities seek information from a .
company which may reside in this District. The authority for
{ this Court to accede to this request is contained in Title 28,
1 _ _ United States Code, Section 1782L which U _ n

Case 1:06-mc-00002-SLR Document 2 _ Filed O1/O3/2006 Page 2 of 4
states in part: _ _ ‘_
_ (a} The district court of the district in which a person
7 l l resides or is found may order him to give his testimony
- or statement or to produce a document or other thing for
use in a proceeding in a foreign or international
tribunal, including criminal investigations conducted
` before formal accusation. The order may be made pursuant
i _ to a letteri rogatory issued, or request made, by a
foreign or international tribunal or upon the application
‘ of any interested person and may direct that the
testimony or statement be given, or the document or other
_ r , _ thing be produced, before a person appointed by the
T court. _By_ virtue of his appointment, the person
T s appointed has power to administer any necessary oath and
take the testimony or statement. The order may prescribe
- the practice and procedure, which may be in whole or part 7
the practice and procedure of the foreign country or the
l r international tribunal, rfor 'taking the testimony or
‘ _ statement or producing the document or other thing. To -
T . the extent that the order does not prescribe otherwise,
the testimony .or statement shall be. taken, and the
· r document or other thing produced, in accordance with the
‘ Federal Rules of Civil_Procedure.
The proper criteria for determining whether the court
· should exercise its discretion in favor of executing the request
" y are outlined in In Re Reguest for Judicial Assistance from the
Seoul District Criminal Court, 555 F.2d 720, 723 (9th Cir. 1977)
(citation omitted): _ r
_ ‘ Under the statute the only restrictions
. explicitly stated are that the request be ·
- made by a foreign or international `
tribunal, and that. the testimony or _t
material requested_ be ·for7 use in a
· r tproceeding in such a tribunal .... [and]
y that the investigation in connection with ‘ y
which the request is made must relate to l
`T ‘ ·a_judicial or quasi—judicial controversy.

I Case 1 :06-mc-00002-SLR Document-2 Filed 01/03/2006 Page 3 of 4 `
_ Moreover, “ (tlhe judicial proceeding for which assistance is _
U sought ... need not be pending at the time of the request for
U 77assistance; it suffices that the proceeding in the foreign tribunal
l and its contours bg in reasonable contemplation when the request is _
. made.” In Re Letter of Request from the Crown Prosecution Services ‘
. of the United Kingdom, 870 F.2d 686, 687 (D.C. Cir. 1989).
The letter of request in this case shows that the a U _ _
information sought is for use in such proceedings in Argentina and U .
E a hence_ the request comes- well lwithin those circumstances l
8 contemplated by Congress in expanding the Federal Courts' authority
` to act in such matters. In Re Letter of Request from the Crown
Prosecution Service of the Uhitéd Kingdom, 870 F.2d 686, 689-91
U .(D.C. Cir. 1989}; In Re Letters Rogatorg from the Tokyo District,
` _ Tokyo, Japan, 539 F.2d 1216, 1219 (9th Cir. 1976). Therefore, I
ask this Court to honor the request for assistance.
" The reception of letters_of request and the appointment
of a Commissioner to execute them are matters customarily handled
e l ·p; parte, and persons with objections to the request raise those
n iobjections by -moving to quashl any subpoenas issued by the u l
· l Commissioner. ld. _' 19 -i_ · 1‘ _

Case.1 :06-mc-00002-SLR Document 2 Filed O1/O3/2006 Page 4 of 4
_ WHEREFORE, the United States requests that the Court issue an
. l Order, in the form, appended hereto, appointing a Commissioner in.
· order to execute the request for assistance._ g
` Respectfully submitted,
U · 7 ` COLM F._CONNOLLY·
. _ _ U ited_States Atte ney
_ BY: l \
` _ _ ` Richard G. A drews
U 7 Assistant 0.,. Attorney
_ Delaware-Bar`I.D. No.2l99
1007 N. Orange Street _
‘ . A Wilmington, DE _l980l
‘ (302) 573-6277
= Dated: W5 Uk