A Mutual Legal Assistance Case Study: The United States and France

Swire, Peter; Hemmings, Justin; Vergnolle, Suzanne

doi:10.2139/ssrn.2921289

Cited by 3 publications

(1 citation statement)

References 7 publications

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“…The importance of these factors has long been recognised in the success of anti-corruption and anti-crime policies (UNDP, 2015). Achieving this typically involves a legal design that simplifies the sequence of steps and establishes effective procedures within the MLA process (Swire et al, 2016). This reduces the likelihood of certain decision-making actors within the domestic "MLA chain" undermining or obstructing cooperation.…”

Section: What Does An Adequate Legal Design Look Like In Mla?mentioning

confidence: 99%

The Legal Design of Domestic MLA procedures in Southeast Europe: A Comparative Analysis of Serbia, North Macedonia and Bosnia and Herzegovina

Tomic,

David-Barrett

2023

Preprint

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The chapter explores the domestic legal design of Mutual Legal Assistance (MLA) procedures, analysing individual forms of MLA such as extradition of suspects or convicts, takeover or surrender of prosecution, and execution of foreign judgments. The analysis compares legislation from three countries in Southeast Europe: Serbia, North Macedonia, and Bosnia and Herzegovina. It examines whether two key components of legal design, namely (i) the discretion granted to institutions within the criminal justice system and political establishment and (ii) the presence of checks and balances systems within MLA procedures, have a positive or negative impact on MLA policy in practice. The analysis reveals that, although the three countries share many similarities in their legal arrangements pertaining to MLA procedures, there are some variations in specific forms of MLA, in terms of the discretion granted to domestic actors and the presence of checks and balances within the procedure. The findings show that significant discretion given to specific actors within the MLA policy can pave the way for harmful practices such as arbitrariness, uneven application of the law, and potential political abuse. The study also highlights the value of incorporating built-in checks and balances within the MLA procedure to ensure accountability and mutual control mechanisms, confirming that, where such mechanisms are not present, appropriate accountability and control safeguards are missing, enabling potential abuse of power or neglect in handling the MLA procedure. At the same time, it emerges that these checks and balances, whether they include internal review mechanisms, joint decision-making models, and/or approval powers ('de facto vetoing'), should not be excessive or burdensome to avoid obstructing the MLA processes.

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Section: What Does An Adequate Legal Design Look Like In Mla?mentioning

confidence: 99%

The Legal Design of Domestic MLA procedures in Southeast Europe: A Comparative Analysis of Serbia, North Macedonia and Bosnia and Herzegovina

Tomic,

David-Barrett

2023

Preprint

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How Both the EU and the U.S. Are Stricterr Than Each Other for the Privacy of Government Requests for Information

Swire¹,

Kennedy-Mayo

2016

SSRN Journal

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Cybercrime Money Laundering Cases and Digital Evidence

Bošković¹

2023

SPZ

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The widespread dependence on digital systems and increased value of digital commerce in the metaverse boosted cyber vulnerability. The cybercrime will be more profitable than the global trade of all major illegal drugs combined, while Cybersecurity Ventures expects global cybercrime costs to grow by 15 percent annually by 2025. Cybercrime changed traditional money laundering methods which is difficult to detect since it could be committed from anywhere in the world. The threat posed by cybercrime money laundering methodologies has been aggravated by the Covid-19 pandemic. To investigate cyber laundering the e-evidence are crucial, which is confirmed by the EU Commission estimate that 85 percent of criminal investigations require electronic evidence. Additional challenge for law enforcement authorities presents the fact that the organised cybercrime is joining forces and their likelihood of detection and prosecution is estimated to be 0.05 percent in the USA. Furthermore, the digital evidence is often held by service providers as private companies based in another country, which causes many obstacles to access to those data by investigative and law enforcement authorities. The paper identifies impact of Covid-19 on cybercrime and increased risks of cyber laundering. In relation to investigation and prosecution of cyber money laundering, the paper analyzes challenges for investigative authorities to gather data and evidence in cyber money laundering cases and efforts of EU and USA authorities to facilitate access to digital evidence and relevant data stored by service providers. The paper refers to possible shortcomings of proposed instruments and need for efficient response and adaptation to changes in the cybercrime.

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A Mutual Legal Assistance Case Study: The United States and France

Cited by 3 publications

References 7 publications

The Legal Design of Domestic MLA procedures in Southeast Europe: A Comparative Analysis of Serbia, North Macedonia and Bosnia and Herzegovina

The Legal Design of Domestic MLA procedures in Southeast Europe: A Comparative Analysis of Serbia, North Macedonia and Bosnia and Herzegovina

How Both the EU and the U.S. Are Stricterr Than Each Other for the Privacy of Government Requests for Information

Cybercrime Money Laundering Cases and Digital Evidence

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