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Criminal Prosecution Self-Incrimination

Freeman Law

Antes se iniciaban auditorías civiles, ahora investigaciones penales Moraleja del Plan de Pensiones de Malta

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El Plan de Pensiones de Malta ha captado la atención tanto de contribuyentes americanos como del IRS debido a sus atractivos beneficios fiscales. Diversos contribuyentes aprovecharon las ventajas fiscales que ofrecía el...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Sheppard Mullin Richter & Hampton LLP

“Take Five” – A Guide to Invoking the Fifth Amendment in Civil Cases

Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for...more

Law School Toolbox

Law School Toolbox Podcast Episode 418: Listen and Learn -- Criminal Procedure: Miranda Warnings

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we go through an attack plan for how you might approach a Miranda issue on an exam question, and look at specific rules...more

Arnall Golden Gregory LLP

Invoking the Protection of the Fifth Amendment Is Your Right and It’s the Right Thing to Do

“[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” – Watts v. Indiana, 338 U.S. 49 (1949) (Justice Jackson, concurring) - “Tried to take the...more

Cranfill Sumner LLP

U.S. Supreme Court Holds that a Violation of an Individual’s Miranda Rights Does Not Provide a Basis for a § 1983 Claim.

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In a recent opinion, the U.S. Supreme Court reversed a decision by the Ninth Circuit Court of Appeals in which held that the “use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth...more

Oberheiden P.C.

Federal Grand Jury Indictment Defense Strategies

Oberheiden P.C. on

Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more

Kohrman Jackson & Krantz LLP

Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights

When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced...more

Oberheiden P.C.

Served with an FBI Subpoena? Here are 10 Questions You Need to Answer Now

Oberheiden P.C. on

As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 128: Listen and Learn -- Privilege Against Self-Incrimination and Miranda Rights

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we are focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against...more

PilieroMazza PLLC

Do Corporations Have Fifth Amendment Rights Against Self-Incrimination? The Corporate Designee’s Rights in a FRCP 30(b)(6)...

PilieroMazza PLLC on

Anyone who has watched a courtroom television drama is aware of their Fifth Amendment privilege against self-incrimination. But “pleading the Fifth” is not something a witness can invoke blanketly to avoid answering...more

Jones Day

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

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The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Proskauer - Proskauer For Good

Stopping Witness Tampering by Abusers and Sex Traffickers in Pretrial Detention

Last month, Proskauer filed an amicus brief on behalf of Sanctuary for Families — a leading non-profit organization advocating for victims of domestic violence and sex trafficking —specifically to advocate for allowing...more

Patterson Belknap Webb & Tyler LLP

Promises, Promises: Second Circuit Reverses District Court’s Ruling That Suppressed Post-Arrest Statements Based On Allegedly...

In United States v. Haak, 16-3876-cr, the Second Circuit (Raggi, Hall, Carney) reversed a suppression order, finding that local law enforcement authorities did not falsely promise the defendant immunity from prosecution and...more

Ward and Smith, P.A.

Obstruction of Justice: It's not the Crime, it's the Cover-up

Ward and Smith, P.A. on

The familiar saying that "it's not the crime, it's the cover-up" is well-worn for a reason. Obstructive behavior or false statements can land defendants in hot water regardless of the substance of the government's underlying...more

Morris James LLP

Chancery Adopts Federal Test to Determine Whether to Stay a Civil Case Based on a Criminal Investigation

Morris James LLP on

Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation. The federal courts...more

Bennett Jones LLP

Self-Incrimination and Settlement Agreements

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Misconduct in the securities industry can give rise to both criminal and regulatory liability. One problem that arises from this overlap is the potential for state-compelled self-incrimination. In the criminal context, an...more

McDermott Will & Emery

Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels

McDermott Will & Emery on

On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank Offered Rate (LIBOR). United States v. Allen,...more

Cadwalader, Wickersham & Taft LLP

US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a...more

Troutman Pepper

Fifth Amendment Prohibits Use of Compelled Foreign Testimony in U.S. Criminal Trials

Troutman Pepper on

On July 19, the U.S. Court of Appeals for the Second Circuit vacated the conviction of two former London-based bankers, Anthony Allen and Anthony Conti, who were convicted in October 2015 on multiple counts of bank and wire...more

Robinson+Cole Data Privacy + Security Insider

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

Best Best & Krieger LLP

BB&K Police Bulletin: Civil Rights Action For Miranda Violation Not Barred If Conviction Reversed

Incriminating Statements in Violation of Miranda Rights Were Used in First Trial, Which Resulted in Reversal - Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at...more

Best Best & Krieger LLP

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

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