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Fifth Amendment Issues in White-Collar Crime

Learn about Fifth Amendment issues unique to White-Collar Crime including compelled testimony and document production.

Transcript

Questions concerning a defendant’s constitutional rights arise in white-collar crime cases just as in any other kind of criminal case. However, because the Fifth Amendment’s privilege against self-incrimination applies to grand-jury witnesses as well as criminal defendants, Fifth Amendment issues frequently arise with respect to grand-jury investigations.

I.    Compelled Testimony

Under the Fifth Amendment, a witness testifying before a grand jury or at a criminal trial can’...

Lessons

1. Welcome to White-Collar Crime
  • Welcome to White-Collar Crime
2. Unique Attributes of White-Collar Crime
  • Federal and State Jurisdiction over White-Collar Crime Prosecution and Parallel Proceedings
  • Mens Rea and Actus Reus in White-Collar Crime
  • Individual Versus Institutional Liability for White-Collar Crime
3. Criminal Falsehoods
  • Mail and Wire Fraud Part I
  • Mail and Wire Fraud Part II
  • Bank Fraud and Health-Care Fraud
  • Perjury and False Declarations Part I
  • Perjury and False Declarations Part II
  • False Statements
  • Civil and Criminal False Claims
  • Obstruction of Justice Part I
  • Obstruction of Justice Part II
4. Criminal Influence and Exploitation of Position or Fiduciary Responsibility
  • Bribes and Gratuities
  • Federal-Program Bribery, International Bribery and the Foreign Corrupt Practices Act (FCPA)
  • Extortion
  • Securities Fraud Part I
  • Securities Fraud Part II
5. Criminal Financial Activity
  • Bank Secrecy Act and Currency-Reporting Offenses
  • Money Laundering
  • Tax Crimes
6. Other White-Collar Crimes
  • Computer Crimes
  • Environmental Crimes
  • The Economic Espionage Act & the National Stolen Property Act
7. Criminal Collaborations
  • Organized Crime and the Travel Act
  • Criminal RICO I
  • Criminal RICO II and Civil RICO
  • Conspiracy
8. Evidentiary, Procedural, and Other Issues in White-Collar Crime
  • Grand Jury Investigations
  • Internal Investigations and Compliance Programs
  • Fifth Amendment Issues in White-Collar Crime
9. White-Collar Defenses and Penalties
  • Timing Defenses
  • Procedural Defenses to White-Collar Crime
  • Other Defenses to White-Collar Crime
  • Resolution and Penalties in White-Collar Crime Prosecutions