The Division s Use of Cooperative Investigatory Tools

The Divisions Use of Cooperative Investigatory Tools

The Division has used its cooperative investigation agreements with foreign countries to gather evidence for use in prosecuting U.S. and foreign nationals. Division attorneys increasingly use two investigative tools in its investigations of international cartel activity. One is the execution of search warrants by foreign authorities on the Division's behalf to seize evidence abroad. In one investigation, over 100 German police officers assisted in the simultaneous execution of search warrants on multiple companies at locations across Germany.

Notably, few foreign countries have constraints on searches and seizures comparable to the limits imposed by the Fourth Amendment to the United States Constitution. Nor do many foreign countries observe limits on custodial interrogations or recognize a privilege against self- incrimination. Division attorneys argue that they are not restricted from using documents seized and statements taken by foreign authorities under circumstances which would preclude their use if obtained under similar circumstances in the United States.

Another tool that the Division has used in its antitrust investigations is border watches , which have resulted in detaining foreign executives when they enter the United States, serving them grand jury subpoenas and taking them before a grand jury to testify about matters under investigation. The Division has found that, when brought before a grand jury under these circumstances, foreign executives cooperate with its investigations more readily than their U.S. counterparts do.