U.S. Court of Appeals Overturns Brazilian Letters Rogatory Request Because Criminal Proceeding Is Not Imminent Enough

On June 21, 1991, the U.S. Court of Appeals for the Second Circuit in a decision of great importance for foreign governments and law enforcement agencies, overturned a lower court's decision to grant a request for international judicial assistance to the Government of Brazil. The court held that evidence may be produced purusant to a letter rogatory in the absence of a pending adjudicative proceeding, but only if such a proceeding is imminent, and that in a case where the requesting state could not provide assurances that such a proceeding would result and quickly, a request could not be granted.