Self-Incrimination

News & Analysis as of

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in United States...

Royal Trust Corporation of Canada v. Fisherman (“Royal Trust”), a decision of the Ontario Superior Court, is another example of a court addressing the risk that discovery evidence could be used against a defendant in a...more

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more

Courts are Consistently Ruling that the Act of Production Privilege Will Not Defeat Grand Jury Subpoenas Calling for Foreign Bank...

On December 13, 2013, the United States Court of Appeals for the Fourth Circuit issued its decision in United States of America v. Under Seal. On December 19, 2013, the U.S. Court of Appeals for the Second Circuit issued its...more

Taking the Fifth Amendment In No Way Implies Guilt

Always a champion of the First Amendment to the U.S. Constitution, the news media unfortunately often give little weight to another important right: the right against self-incrimination. Recent reporting on a criminal...more

Preparing for NTSB Investigative Interviews

Those who face investigative interviews before the National Transportation Safety Board (NTSB) should be fully aware of the applicable rules and regulations. Key topics relating to NTSB investigative interviews include...more

The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation

One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more

Fourth Circuit Court of Appeals Holds that Required Records Exception Trumps Fifth Amendment

On December 13, 2013, the Fourth Circuit Court of Appeals in United States v. Under Seal, 2013 U.S. App. LEXIS 24785 (4th Cir. Va. Dec. 13, 2013), held that the required records doctrine applies when the government subpoenas...more

What To Do When You Are Served With a Search Warrant

In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant...more

The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada

In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for...more

An introduction to the risk of self-incrimination in cross-border disputes

The right not to be compelled to incriminate oneself is a protection enshrined in both the United States Constitution and the Canadian Charter of Rights and Freedoms (the “Charter”). In reality, however, there is protection...more

Supreme Court Criminal Law Update

The United States Supreme Court has issued numerous substantive opinions in the past year on topics ranging from withdrawal from a conspiracy to searches and seizures to what constitutes a Fifth Amendment violation. This...more

Social Media And Self-Incrimination

An undercover investigator with a large number of confidential informants attempted to break up a drug ring in his city. One tool he wanted to use was the state’s criminal gang sentencing enhancements, which provide for...more

A New Day: Public Safety Trumps Miranda Rights

On April 15, 2013 explosive devices planted along the route of the annual Boston Marathon killed three people and horribly injured scores more. Two brothers, Dzhokhar and Tamerlan Tsarnaev, became suspects in the horrific...more

Do Your Employees Have the Proper Legal Training When It Comes to Government Investigations or Inquiries?

There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television...more

The Right To Remain Silent

The right of to remain silent after being arrested or accused of a crime has been a vital component of the U.S. legal system since the Puritans fled to the shores of North America in search of religious freedom....more

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

Salinas v. Texas: Your Silence May Be Used Against You

On June 17, 2013, the Supreme Court of the United States issued an opinion with important ramifications for anybody who may be interviewed in connection with a criminal investigation. ...more

No Records is Not an Acceptable Excuse

Often taxpayers who have not filed Reports of Foreign Bank or Financial Accounts (FBAR’s) will claim that they do not have records of their offshore accounts, because the accounts are maintained by third parties. In many...more

The Supreme Court's Decision In Salinas v. Texas: Implications For White Collar Investigations

At the outset of a white collar investigation, counsel will invariably advise the client that if a government investigator unexpectedly appears seeking to “just ask a few questions,” the client should politely decline and...more

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

Required Records, The Act Of Production And Secret Offshore Accounts

The Fifth Amendment dictates that no person "shall be compelled in any criminal case to be a witness against himself." While most non-lawyers (and many lawyers) might assume that this simple edict means the government cannot...more

Compelling the accused to shine the light upon himself – a Constitutional No-No

In a recent opinion, our Superior Court, Appellate Division reaffirmed the long standing principle that someone under investigation for a crime has a constitutional right to not become a witness against himself. While this...more

Must You Produce Records of Offshore Accounts?

A Petition to the U.S.Supreme Court may result in the Court deciding whether a taxpayer who has a previously unreported foreign financial account must produce records of the account in a criminal proceeding in spite of the...more

Ninth Circuit Holds that Fifth Amendment Does Not Shield Taxpayer's Attorney from Forced Production of Client-Taxpayer's Records

Applying the “foregone conclusion” exception to the Fifth Amendment privilege against self-incrimination, the Ninth Circuit held on January 8, 2013, that the IRS could force a taxpayer’s criminal defense attorney to turn over...more

Why Are The Miranda Rights Important?

The Miranda rights, also known as the Miranda warning, are read to people upon arrest. Police and other law enforcement personnel are required to read or recite this warning to suspected criminals to ensure that their rights...more

27 Results
|
View per page
Page: of 2