Free MEMORANDUM in Support - District Court of Delaware - Delaware

· I Case 1:05—me—00266-GIVIS D`0curnent2 Filed 12/29/2005 Page1 of 3
I _ I, ‘ IN THE UNITED STATES DISTRICT COURT
I . I FOR THE DISTRICT OF DELAWARE
‘ _ IIN RE LETTER OF REQUEST ) I `
FROM POLAND }
- IN THE MATTER OF ‘ } Misc. No. 05-
RYSZARD KAMTNSKI ).
GOVERNM NT'S MEMORANDUM OF_LAW
A IN SUPPORT OF APPLICATION FOR ORDER
This memorandum of law is`submittea in support of the
I I Application for an Order pursuant toITitle 28, United States
I Code, Section l?82, in order to execute a letter of request from
Poland. The translation is attached. I
I FACTUAL BACKGROUND: - U. -
I . This investigation is being conducted by the Polish
authoritiesIwho are investigating a case of alleged credit card
fraud., , _ I_ - T
EVIDENCE SOUGHT: _ I I
‘ The Polish authorities seek information from a ‘
A corporation that resides in this District. The authority for
this Court to accede to this request is contained in Title 28,
. · ‘._ United States Code, Section lT82, which states in part:
‘, (a) The district court of the district in which a person
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
to a letter rogatory issued, or request made, by a
‘ ‘ foreign or international tribunal or upon the application
, of any interested Iperson and may direct that the ·
‘ - ‘testimony or statement be given, or the document or other
- thing be produced, before a person appointed by the
court. By virtue _of_ his, appointment, _the person ‘ p
‘appointed has power to administer any necessary oath and · E

I Case 1:05—mc—00266-GIVIS D0cument'2 Filed 12/29/2005 _ Page 2 of 3
E- take the testimony or statement. The order may prescribe
` · the practice and procedure, which may be in whole or part
. _ the practice and procedure of the foreign country or the
Z · international tribunal, for- taking the testimony or
_ statement or producing the document or other thing. To
_ I the extent that the order does not prescribe otherwise,
y the testimony or statement shall be taken, and the I
. document or other thing produced, in accordance with the
` Federal Rules of Civil Procedure.
The proper criteria for determining whether the court
U should exercise its discretion in favor of executing the request
_ l l are outlined in In Re Reguest for.Jndicial Assistance from the
i Seoul District Criminal Court, 555 F;2d 720, 723 (9th Cir; l977)
(citation omitted):l ‘ L I
_` .. _ . -Under the statute the only restrictions
explicitly stated are that the request be
I made by a foreign or international
- _tribunal, and _that” the testimony or
_ material requested be for use in a
I - · proceeding in such a tribunal .... [and]
P _ that_the investigation in connection _
. with which the request is made must
_ relate to a judicial or quasi—judicial
controversy. ‘ [ ‘ ·
I _' -Moreover, “ (t)he judicial proceeding for which assistance is
I sought ... need not be pending at the time of the request for
" -assistance; it suffices that the proceeding in the foreign
n tribunal and its contours be in reasonable contemplation when
the request is made.” In Re Letter of Request from the Crown j
_ ‘ 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 information sought is for use in such proceedings in Poland and I
·_ _ hence the request comes well within those circumstances
_ contemplated by Congress in expanding the Federal Courts' authority
to act in such matters. In Re Letter of_Reguest from the Crown

_ Case 1:05—mc—00266-GIVIS _ Document 2 Filed 12/29/2005 Page 3 of 3 C .
‘ -` Prosecution Service of the United Kingdom, 870 F.2d 686, 689-91
(D.C. Cir. 1989); In Re Letters Rogatory from the Tokyo District,
l Tokyo, Japan, 539 F.2d 1216, 1219 (9th Cir. 1976). -Therefore, I
{ ask this Court to honor the request for assistance. l _
_ The reception of letters of request and the appointment of a
. . Commissioner to execute them are matters customarily handled gg
y parte, and persons with objections to the request raise those
l I. _objections by moving to quash any- subpoenas issued by the .
Commissioner. Id. U l ·_8 `
WHEREFORE, the United States requests that the Court issue an
-. - - Order, in the·form, appended hereto, appointing a Commissioner in _
_ order to execute the request for assistance.
I . ` l I Respectfully submitted, _
. ` °- COLM F. CONNOLLY U
· _ ‘ United States Attorney
‘ I U By; U 6;4t:;;’ f
' _ - r Richa d G. Andrews t
‘ Assistant U.S. Attorney ` ‘
. ‘ Delaware Bar I.D. No.2199 -
_ A .1007 N. Orange Street `
- . Wilmington, DE 19801
" A I . (302) 573-6277 ‘ -`
_ Dated: . - 1 -