Letters rogatory can be an invaluable tool for detecting assets concealed in multiple jurisdictions.  They may be utilized to gather competent evidence from foreign financial institutions and a variety of  witnesses residing offshore.  “Asset Search Tips For Divorce & Child Support Cases” talked about detecting assets by employing letters rogatory.  That post said:

“Many times a letter rogatory is sought pursuant to The Hague Convention, Taking of Evidence (1970) No. 20, as a “letter of request”.  Furthermore, a New York Court may issue such a request to a foreign court as mentioned by Fed. R. Civ. P. 28 (b); Fed. R. Civ. P. 4(f)(2)(B); and/or the N.Y. Civ. Prac. L & R:

Rule 3108. Written questions; when permitted. A deposition may be taken on written questions when the examining party and the deponent so stipulate or when the testimony is to be taken without the state. A commission or letters rogatory may be issued where necessary or convenient for the taking of a deposition outside of the state.”

28 U.S.C. § 1782 (a) additionally discusses letters rogatory and permits the Court to execute them in the U.S. on behalf of foreign or international tribunals.  The letter rogatory reproduced below seeks evidence  pursuant to 28 U.S.C. § 1782, from witnesses residing in Delaware.  The letter rogatory originates from prosecutors in Hungary and was filed in Delaware Federal Court on April 2, 2012.  It is geared toward tracking assets connected to a suspected embezzlement scheme with alleged elements in Hungary, Washington, D.C., New York and Delaware.

(Click On The Image To Read The Letter Rogatory)

Copyright 2012 Fred L. Abrams