A perennial challenge in FCPA cases is obtaining evidence that resides outside the U.S., both during the investigation and during administrative and court proceedings. T. Markus Funk, a partner at Perkins Coie and former federal prosecutor, DOJ Legal Advisor in Kosovo and Oxford law lecturer, discussed with the Anti-Corruption Report the details of, and differences between, the two formal mechanisms for obtaining evidence from abroad, mutual legal assistance treaties and letters rogatory. He also gave expert insight on informal channels for obtaining evidence overseas, and strategies for handling the challenges that attorneys may encounter when seeking such evidence. Funk recently authored Mutual Legal Assistance Treaties and Letters Rogatory: A Guide for Judges
(Federal Judicial Center, 2014). For more analysis from Funk, see “Assessing the Year in FCPA Enforcement and Looking Ahead
” (Jan. 22, 2014) and “The New Landscape of Corporate Social Responsibility Regulation and Its Overlap with FCPA Compliance
” (Nov. 7, 2012). Funk also represented Joel Esquenazi in the challenge to the definition of “instrumentality,” decided on May 16. See “What the Eleventh Circuit's 'Instrumentality' Decision Means for FCPA Practitioners
,” above, in this issue of the Anti-Corruption Report.