## Facts

- Canadian authorities charged John Fecarotta, a Detroit resident, with violating Canada’s Narcotic Control Act.
- A Montreal criminal court issued a letter rogatory requesting U.S. assistance to obtain Detroit Bank and Trust Company records for accounts in the names of John Fecarotta and/or Juanita Fecarotta.
- The U.S. Department of Justice applied in the Eastern District of Michigan for assistance under 28 U.S.C. § 1782.
- The district court accepted the letter rogatory and issued a subpoena duces tecum requiring bank officers to appear, produce the specified records, and be deposed about them.
- Fecarotta moved to quash, arguing § 1782 does not extend to foreign criminal prosecutions and, even if it does, the court should deny the request due to possible misuse of the information in Canada.
- The district court denied the motion and ordered the subpoena to issue; enforcement was stayed pending appeal.

## Issues

1. Whether a criminal defendant in a foreign prosecution has standing to challenge a § 1782 subpoena directed to his bank for production of his bank records.
2. Whether 28 U.S.C. § 1782 authorizes U.S. judicial assistance to obtain evidence for use in a foreign criminal proceeding.
3. Whether the district court abused its discretion by granting the letter rogatory and issuing the subpoena despite asserted risk of improper use at the foreign trial.

## Decision

- The Sixth Circuit affirmed the district court’s order refusing to quash the subpoena.
- The court treated Fecarotta as having standing to challenge compelled production of his bank records sought for use in his foreign criminal prosecution.
- The court held § 1782 applies to proceedings in foreign tribunals, including foreign criminal prosecutions.
- The court found no abuse of discretion in enforcing the request because it was specific, tied to a pending prosecution, and supported by the foreign court’s determination of necessity; concerns about misuse were speculative.

## Legal Principles

- A person whose records are sought for use in a foreign proceeding may be permitted to challenge a § 1782 subpoena directed to a third party when the person’s interests are directly affected.
- 28 U.S.C. § 1782 authorizes a district court to order testimony or document production for use in a proceeding in a “foreign or international tribunal,” including foreign criminal courts.
- Relief under § 1782 is discretionary; relevant considerations include the specificity and apparent necessity of the request, whether it arises from a bona fide tribunal proceeding, and whether concrete prejudice or a U.S. law or policy basis justifies denial.

## Conclusion

The Sixth Circuit upheld compelled production of bank records for use in a Canadian narcotics prosecution, ruling that § 1782 reaches foreign criminal proceedings and that the district court acted within its discretion in enforcing the letter rogatory.


In re Letter Rogatory from the Just. Ct., Dist. of Montreal, Can., 523 F.2d 562 (6th Cir. 1975)