Federal Bureau of Investigation
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Transcript of Federal Bureau of Investigation
Mark S. Bullock Legal Attaché
Office of the Legal AttachéUnited States Embassy
London, England
Federal Bureau of InvestigationFederal Bureau of Investigation
FBI’s Legal Attaché ProgramFBI’s Legal Attaché Program
Director’s personal representative in the foreign countries where they reside or where they have regional responsibilities.
Legal Attaché (Legat)Legal Attaché (Legat)
Legal AttachLegal Attaché é OfficesOffices
• Located in 54 countries worldwide• International Investigations with authority
from hosting countries• Assistance to other law enforcement
agencies• 60 Legats and growing
FBI’S Legal Attaché ProgramFBI’S Legal Attaché Program
Mission Statement• To pursue international aspects of the FBI’s
investigative mandates through established liaison with principal law enforcement and intelligence/security services in foreign countries.
• To provide a prompt and continuous exchange of information with foreign law enforcement and intelligence agencies.
Legat London StaffingLegat London Staffing
• Legal Attaché• Deputy Legal Attaché• Five Assistant Legal Attaches• Intelligence Analyst• Four Professional Staff
Investigative PrioritiesInvestigative Priorities
• Counterterrorism• Counter Intelligence• Cyber Matters
• Intrusions• Pedophilia
• White Collar Crimes• Transnational Criminal Enterprises
Mutual CooperationMutual Cooperation
• To assist law enforcement/intelligence partners with their investigation/mission in matters of similar interest
• To address matters jointly in parallel investigations of mutual interest
• To request assistance in U. S. matters involving a foreign country or citizen
Methods of CooperationMethods of Cooperation
• Direct - Police to Police assistance• Mutual Legal Assistance Treaty
(MLAT) matters involving compulsory service for information
IntelligenceIntelligence
• CANNOT be used in Court• Information contained in FBI data bases
• Unclassified – May be shared based on legitimate law enforcement interest:
• Provide a letter with case background and info sought to Legat
• Classified – May be shared to a Special Branch/BSS with appropriate US authorities
• Same justification required
EvidenceEvidence
• To be used in United Kingdom Court• Can be gained voluntarily
• Agreeable witness• Police observation• Parallel investigative result
Administrative SubpoenaAdministrative Subpoena
• Innocent Images Matters• US Subject• US Victim
USA Patriot ActUSA Patriot Act
• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
• Allows government to ask for certain information based on an emergency:• Immediate danger or death or serious bodily
harm
Compulsory ProcessCompulsory Process
• May be required
Right to Financial Right to Financial Privacy Act Section 3402Privacy Act Section 3402
• No government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution without a court order or subpoena
• It is illegal for the government to ask for financial documentation from such institutions
Data Available from ISPsData Available from ISPs
• Subscriber information• IP logs• Email header• Address book• Buddy Lists• No email content (extremely difficult via
MLAT)• Limited exceptions
• Dependent on District• Preservation Letter
Mutual Legal Assistance Mutual Legal Assistance Treaty (MLAT)Treaty (MLAT)
• Official letter from Crown Prosecution Service
• Provides background of investigation• Cites treaty sections being utilized• U.S. Department of Justice receives
MLAT request and facilitates law enforcement action through FBIHQ
MLAT ActionMLAT Action
• Subpoena for records• Financial Institutions• Telephone companies• Internet Service Providers• Any and all businesses in US
• Court Order• Search warrant• Arrest• Extradition
SummarySummary
• Generally, information relating to a US email account must be applied for via MLAT
• Exceptions; Intelligence, Parallel Investigation, USA Patriot Act Emergency, Indecent Images Matters
ConclusionsConclusions
• Cooperation is key• Contact the Legat Office
American Embassy24 Grosvenor SquareLondon W1A 1AE020 7894 0007