Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Calling Witnesses Who Plan to Take the Fifth in Congress
Federal appellate courts have repeatedly made clear that it is not improper for a prosecutor to call and examine a witness in the grand jury knowing that the witness likely will decline to answer the questions based on the privilege against self-incrimination. United States v. Manujano, 425 U.S. 564 (1976); United States v. Wolfson, 405 F. 2d 779 (2d Cir. 1968); United States v. Duff, 529 F. Supp. 148 (N.D. Ill. 1981). No federal court has set aside an indictment because an individual was forced to assert his right against self-incrimination before the grand jury after his counsel informed prosecutors that he would invoke the Fifth Amendment in response to substantive questions.
Research has indicated that no private lawyer has been sanctioned by a bar association for posing questions to a witness at a civil trial or deposition when the witness repeatedly invoked the Fifth Amendment privilege in refusing to answer the questions. Indeed, the Supreme Court and federal appellate courts have ruled that a jury may draw adverse factual inferences in civil litigation from the invocation of the privilege not only against the individual asserting it but even against the corporation that employed him at the time of the events in question. Baxter v. Palmiagiano, 425 U.S. 308 (1976); Brink's Inc v. New York City, 717 F. 2d 700 (2d Cir. 1983).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.