Also known as: special investigative technique · special investigation techniques · special investigative methods · SITs · covert investigative techniques
Written by attorneys · grounded in primary & secondary sources — see below
Methods employed by law enforcement agencies in cross-border corruption investigations. These techniques receive support through mutual legal assistance provisions in international agreements such as the United Nations Convention Against Corruption.
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Federal agents used a drone to gather video of a remote ranch suspected of harboring assets from a cross-border corruption scheme. The footage, obtained via mutual legal assistance under UNCAC, contributed to testimony before a grand jury that ultimately secured thirteen concurring votes and returned an indictment in open court. The foreperson had not reported an earlier shortfall of twelve votes while a complaint remained pending.
Sierra Solutions sued in federal court under state law after a competitor allegedly bribed officials using undercover agents in a cross-border scheme. The footage and recordings, secured through mutual legal assistance under an international agreement, were offered as evidence. The court applied the substantive law of the forum state, including its conflict-of-laws rules, rather than any general federal common law.
A lawyer licensed in two states supervised a controlled delivery sting in a tribunal sitting in State A involving cross-border corruption. The operation was authorized under mutual legal assistance provisions of an international agreement. The disciplinary body applied the professional conduct rules of State A because the conduct occurred in connection with a matter pending before that tribunal.
Summit Bank brought a diversity action in federal court to recover assets traced through a wiretap authorized under an international agreement for a cross-border corruption investigation. The recordings were obtained via mutual legal assistance. The court followed the forum state's choice-of-law rules to determine which state's substantive law governed the claim.
Article 50 of the United Nations Convention Against Corruption calls on states parties to assist one another with special investigative techniques during corruption investigations and proceedings.
Supporting sources