mark s. bullock legal attaché office of the legal attaché united states embassy london, england...

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 Embassy

24 Grosvenor Square

London W1A 1AE

020 7894 0007