Date : 3/19/2015 7:03:21 AM
From : "Shiri Rom"
To : "Haim Vismonski"
Subject : FW: A question regarding an FBI report as a lead for a child pornography case

תגיד מה קורה עם זה?

-----Original Message-----
From: Shave, Betty [mailto:[email protected]]
Sent: Sunday, March 01, 2015 8:20 PM
To: Haim Vismonski
Cc: Shiri Rom; Toledo, Randy; Petty, Patricia; Ayelet Levi (Benleumi); Avital Ribner-Oron
Subject: Re: A question regarding an FBI report as a lead for a child pornography case

Thanks, all.

Sent from my iPhone

> On Mar 1, 2015, at 11:18 AM, Haim Vismonski <[email protected]> wrote:
>
> Betty,
>
> I spoke with my colleagues in the international affairs department of the Israeli State Attorney's office. They will assist us from here with this matter and will probably contact OIA and/or the FBI attaché.
>
> Thank you.
>
> Haim
>
> -----Original Message-----
> From: Shave, Betty [mailto:[email protected]]
> Sent: Thursday, February 26, 2015 7:52 PM
> To: Haim Vismonski
> Cc: Shiri Rom; Toledo, Randy; Petty, Patricia
> Subject: RE: A question regarding an FBI report as a lead for a child pornography case
>
> Hello, Haim,
>
> I checked with our Office of International Affairs, copied here, because I thought that this problem must occur all the time for them.  OIA advises that you should consult with the FBI Legat, who may be able to determine quickly whether there is a US case.  On the one hand, if there is a US case, that may complicate the issues of disclosure.  On the other hand, it would tell you and us who in the US should pay attention to your question.  Also, please ask the Legatt whether, if necessary, FBI can facilitate the same information without the markings.
> Randi also says that, if there is anything OIA can do to expedite this discussion, you can contact Pat Petty and her.
>
> I hope this helps, sorry I can't answer it myself -
>
> -----Original Message-----
> From: Haim Vismonski [mailto:[email protected]]
> Sent: Wednesday, February 25, 2015 12:52 PM
> To: Shave, Betty
> Cc: Shiri Rom
> Subject: A question regarding an FBI report as a lead for a child pornography case
>
> Dear Betty,
>
> I have a question, brought to me by my colleague, Adv. Shiri Rom, a senior deputy at the Tel-Aviv District Attorney's office, regarding a child pornography case (possession and dissemination).
> The Israeli police investigation started with a report from the FBI (attached)
>
> I have a case of child pornography.
>
> What led the police to the suspect was the attached report from the FBI (attached).
>
> The report starts with a disclaimer, that the information in the document is for intelligence and lead purposes only.
>
> In this specific case, the Israeli police got a search warrant and found incriminating evidence in the suspect's computer. The draft indictment is not based on the FBI's report. Nevertheless, the FBI's report might be considered relevant for the defense, under the "relevance doctrine" of our legal system.
>
> What we are trying to clarify here is whether this disclaimer means, in general, that this "lead" information may not be exposed to the defense attorney, or simply, that the FBI agents should not be considered as witnesses in the case? And if the answer, in general, that we should not expose the FBI report to the defense attorney, we would like to ask if there could be an exception in this specific case, in which the lead to the suspect was based  simply on a CyberTipline from the ISPs, and not on a "sting operation" or any other classified technique?
>
> ps: We saw some wonderful pictures on the news of the frozen niagara falls and also of Manhattan. I'm not sure if this super-cold weather got also to DC, but I hope you're all doing fine...
>
> Thank you,
>
> Haim
>
>
> Dr. Haim Wismonsky, Adv. | Israeli State Attorney's Office | Director for Law & Technology Tel. 00-972-2-6466688 | Fax 00-972-2-6467006 | Email: [email protected]
>
>
>
>