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In Re Request from the Russian Federation Pursuant to the Treaty Between the United States and The Russian Federation

634 F.3d 557 (2011)

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In Re Request from the Russian Federation Pursuant to the Treaty Between the United States and The Russian Federation

United States Court of Appeals for the Ninth Circuit
634 F.3d 557 (2011)

AR

Facts

In 2002, the United States and the Russian Federation entered into the Mutual Legal Assistance in Criminal Matters Treaty. Under the treaty, the two governments agreed to provide documents, records, subpoenas, search warrants, and other aid requested by either party during a criminal investigation. Russia requested legal assistance under the treaty to get digital evidence in the possession of Global Fishing Inc. related to illegal crabbing. Arkadi Gontmakher (defendant) was an American citizen and president of Global Fishing. American officials granted Russia’s request and issued a subpoena. Gontmakher moved for a protective order, contending that the Russian criminal proceedings were corrupt and illegal. Gontmakher argued that the district court had its usual broad discretion under 28 U.S.C. § 1782 to deny requests. The court ruled in favor of the subpoena, and Gontmakher appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Graber, J.)

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