Library Search
-
Taking the Fifth Amendment in Front of the Federal Grand Jury in Order to Protect White Collar Defendants and Their Papers ( January 2005 )
One of the most delicate tasks for the practitioner representing a witness or subject in a white-collar investigation is the tactical decision of whether to invoke the Fifth Amendment privilege against self-incrimination during the grand jury phase. This question can be even more complex in the case of grand jury subpoenas for documents. Two recent decisions by the United States Supreme Court, <i>Ohio v. Reiner</i>, 532 U.S. 17, 121 S.Ct. 1252 (2001), and <i>United States v. Hubbell</i>, 530 U.S. 27 (2000), indicate that its current members share, for the most part, an expansive view of the Self-Incrimination Clause. -
When a Civil Action Becomes Criminal: Practical Considerations in Concurrent Proceedings ( November 2003 )
One of the more challenging circumstances of civil practice is the development of a parallel criminal proceeding connected in some fashion to an ongoing civil matter. The complexity of the civil matter, and the strategic choices necessary for its successful resolution, grow exponentially with the overlay of criminal liability for a party or one of its principals. -
The Right to Remain Silent: What You Should Know… ( February 2000 )
The fifth amendment to the U. S. Constitution provides, in part, that "No person.shall be compelled in any crimin. -
Cooperation Clause v. the Fifth Amendment… And the winner is… ( November 1999 )
The clash between an insurer's right and obligation to investigate a claim and the insured's right to assert its Fi. -
OIG Issues Guidelines for Voluntary Disclosure of Health Care Fraud ( November 1998 )
On October 21, the Department of Health and Human Service's Office of Inspector General (OIG) released its Provider. -
Do You Want to Know a Secret: Documentary Evidence and the Privilege Against Self-Incrimination ( February 1998 )
Recent years have seen a judicial reassessment of the privilege against self-incrimination and its justifications, .
Ads by FindLaw