Section 1782 and Evidence-Gathering Tools

Section 1782 and Evidence-Gathering Tools

Sequor Law is frequently called upon to bolster cross-border investigations and to represent foreign litigants and other interested parties in need of evidence located in, or reachable from, the U.S. Drawing on years of experience using a variety of evidence-gathering tools, few firms can match Sequor Law’s ability to deploy the right tool for its clients’ cases with as much success.

Sequor Law is a leader in the use of 28 U.S.C. § 1782, known colloquially as “Section 1782”. This federal statute allows foreign litigants and interested persons to request judicial assistance from U.S. federal courts to obtain evidence for use in a proceeding in a foreign or international tribunal. Section 1782 is highly relevant to a wide array of legal practitioners, as federal courts have concluded that evidence obtained through Section 1782 may be used in civil, criminal, probate, bankruptcy, marital, administrative, and regulatory cases.

An alternative to other cross-border discovery mechanisms such as letters rogatory and diplomatic or consular channels, Section 1782 can be pursued directly by the litigant or interested party without the involvement of the foreign court or tribunal or of the governmental authorities making up the traditional channels.

A successful Section 1782 applicant obtains access to U.S.-style discovery in the form of site inspections, requests for production of documents, or deposition testimony under oath. Typical Section 1782 subpoena targets include businesses (including affiliated companies and subsidiaries), financial institutions, professionals such as lawyers and accountants, brokers, escrow agents, art galleries and auction houses, former employees, and many more.

This incredibly powerful tool can usually be pursued on an ex parte basis (at least initially) and does not require the applicant to prove that they have exhausted their domestic evidence gathering tools in the foreign case or, significantly, that the evidence will be admissible in the foreign proceeding.

Finally, Sequor Law’s professionals also have extensive experience with treaty-based evidence-gathering mechanisms, including mutual legal assistance treaty (MLAT) requests, requests made under the Hague Evidence Convention, letters rogatory, and letters of request.

Cancun

Section 1782 Application of Cozumel Caribe S.A. de C.V.
Pending civil action in Mexico

Vancouver

Section 1782 Application of Mohammad Awar Fared Al-Saleh
Pending and contemplated proceedings in the United Kingdom, Bahamas, Switzerland, Jordan, and Dominican Republic.

Beirut

Section 1782 Application of Lisa Armoyan
Pending proceeding relating to division of marital assets in Canada, and contemplated enforcement proceedings in various jurisdictions

Halifax

Section 1782 Application of Lisa Armoyan
Pending proceeding relating to division of marital assets in Canada, and contemplated enforcement proceedings in various jurisdictions

Paraná

Section 1782 Application of Ana Lucia Pedriali Nobrega
Pending probate proceeding in Brazil

Guayaquil

Section 1782 Application of Consorcio Ecuatoriano de Telecomunicaciones S.A.
Pending arbitration proceeding and contemplated civil and criminal proceedings in Ecuador

Port of Spain

Section 1782 Application of Attorney General of Trinidad and Tobago
Pending and contemplated civil proceedings in Trinidad and Tobago

Caracas

Section 1782 Application of Andrea A. Abrams
Criminal investigation and contemplated probate or partition proceeding in Venezuela

Section 1782 Application of Diana M. Gonzalez
Pending divorce proceeding in Venezuela

Tokyo

Section 1782 Application of Kenichi Machida
Pending insolvency proceedings in Japan

Amman

Section 1782 Application of Mohammad Awar Fared Al-Saleh
Pending and contemplated proceedings in the United Kingdom, Bahamas, Switzerland, Jordan, and Dominican Republic.

Santo Domingo

Section 1782 Application of Mohammad Awar Fared Al-Saleh
Pending and contemplated proceedings in the United Kingdom, Bahamas, Switzerland, Jordan, and Dominican Republic.

Willemstad

Section 1782 Application of Sociedad Militar Seguro de Vida
Pending securities action in Curacao

Anguilla

Section 1782 Application of DVLP LLC, et. al.
Pending civil proceeding in Anguilla

Stockholm

OJSC Ukrnafta v. Carpatsky Petroleum Corp
Pending arbitral proceeding before the Arbitration Institute of the Stockholm Chamber of Commerce

Rio De Janeiro

Section 1782 Application of Sendas Comercio Exterior, S.A.
Pending civil action against former company officers in Brazil

Buenos Aires

Section 1782 Application of Alfredo Carlos Pott
Pending criminal action before highest appellate court for criminal matters in Argentina; contemplated arbitration proceedings before the ICC

Section 1782 Application of Clarice Oliveira Tavares
Contemplated divorce proceeding in Argentina

Section 1782 Application of Maria Esther Tabak
Pending divorce proceeding in Argentina

Geneva

Section 1782 Application of Novoship UK Limited, et al.
Pending proceedings in the United Kingdom and Switzerland

Mexico City

Section 1782 Application of Innovative Group Capital Corp. S.A
Contemplated civil and criminal actions in Mexico for fraud, falsification of documents, and other causes of action

Nassau

Section 1782 Application of Mohammad Awar Fared Al-Saleh
Pending and contemplated proceedings in the United Kingdom, Bahamas, Switzerland, Jordan, and Dominican Republic.

Sao Paulo

Section 1782 Application of Petroforte Brasileiro de Petróleo Ltda.
Pending insolvency proceedings in Brazil

Section 1782 Application of Jurema Dimas de Melo Pimenta
Contemplated reopening of probate proceeding in Brazil to distribute concealed assets

Section 1782 Application of Monica Maria Mellao Silveira Mello
Pending probate proceeding in Brazil

London

Section 1782 Application of Novoship UK Limited, et al.
Pending proceedings in the United Kingdom and Switzerland

Section 1782 Application of Mohammad Awar Fared Al-Saleh
Pending and contemplated proceedings in the United Kingdom, Bahamas, Switzerland, Jordan, and Dominican Republic.

Section 1782 Application of Albert John Martin Abela, et al.
Contemplated criminal contempt proceeding in the United Kingdom

Guatemala City

Section 1782 Application of GD Holdings, et al.
Contemplated criminal and civil proceedings in Guatemala