18 U.S.C. § 3292 was enacted in order to meet a compelling prosecutorial need-the increasing necessity of obtaining evidence from abroad via procedures which are frequently time-consuming. However, the statute contains numerous ambiguities, as well as built-in disadvantages both to prosecutors and defendants, which diminish its value as a prosecutorial evidence-gathering device while increasing the possibility that defendants' rights and expectations will be violated. However, it is possible to interpret the statute in a manner which is consistent with its terms and purpose and which concomitantly preserves the rights of the Government and of grand jury targets.
Abraham Abramovsky & Jonathan I. Edelstein,
Time for Final Action on 18 U.S.C. § 3292,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol21/iss4/4