Do You Want to Know a Secret: Documentary Evidence and the Privilege Against Self-Incrimination
Coudert Brothers LLP
Recent years have seen a judicial reassessment of the privilege against self-incrimination and its justifications, .
The Right to Remain Silent: What You Should KnowÃÂ
Kelly W. Parker of Kelly Parker, Attorney at Law
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 AmendmentÃÂ
And the winner isÃÂ
Leonard S. Dome of Mound Cotton Wollan & Greengrass
The clash between an insurer's right and obligation to investigate a claim and the insured's right to assert its Fi.
Taking the Fifth Amendment in Front of the Federal Grand Jury in Order to Protect White Collar Defendants and Their Papers
Solomon L. Wisenberg of Barnes & Thornburg LLP
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, Ohio v. Reiner, 532 U.S. 17, 121 S.Ct. 1252 (2001), and United States v. Hubbell, 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
William Scott O'Connell of Nixon Peabody LLP
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.
OIG Issues Guidelines for Voluntary Disclosure of Health Care Fraud
Dykema Gossett PLLC
On October 21, the Department of Health and Human Service's Office of Inspector General (OIG) released its Provider.