Category Archives: Fifth Amendment

Fight the Power, Part III: The David Ganek Complaint

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | Leave a comment

Taking the Fifth for Financial Information: The Blankenship Case Is (Almost?) Done

Last December, Donald Blankenship was found guilty of conspiracy to violate mine safety laws. This is a misdemeanor. He was acquitted of the more serious felony charge against him for false SEC filings. In early April 2016, Mr. Blankenship was … Continue reading

Posted in Fifth Amendment, Sentencing | Leave a comment

When Criminal Defense and Civil Litigation Collide—Taking the Fifth in Civil Litigation

Most criminal defense lawyers would have no idea how to draft an interrogatory. That’s ok; it doesn’t come up in their practices. And most lawyers who handle civil cases would have no idea how to advise a client whose testimony … Continue reading

Posted in civil case, Fifth Amendment, Uncategorized | 1 Comment

A Poll: Did Lois Lerner Waive Her Fifth Amendment Rights?

As many of you know, Lois Lerner, the head of the IRS division on tax-exempt organizations, testified before Congress this week. However, the media coverage has not focused on what she said as much as what she ended up not … Continue reading

Posted in Congressional investigation, Fifth Amendment | Tagged , | Leave a comment