Third Party Records and the Fifth Amendment: What Happened?
Date: Tuesday, August 20, 2013
Format: Live Webinar
Duration: 90 minutes
12:00 PM-1:30 PM Eastern
11:00 AM-12:30 PM Central
10:00 AM-11:30 AM Mountain
9:00 AM-10:30 AM Pacific
The government has greatly increased efforts at obtaining information through the use of summons and subpoenas against third parties, John Doe summons, and other domestic information gathering techniques. Under the “required records doctrine,” the Fifth Amendment privilege doesn’t apply if: (1) the purpose of the government’s inquiry is regulatory, not criminal; (2) the information requested is contained in documents of a kind the regulated party customarily keeps; and (3) the records have public aspects.
Several courts have recently determined that the Fifth Amendment privilege against self-incrimination may not be used by a taxpayer under grand jury investigation defending against disclosure of undisclosed foreign account records. Join our lineup of leading practitioners as they examine the current environment surrounding;
- Third party rights
- The Fifth Amendment
- Possible remaining defenses to a demand for records relating to a foreign financial account
Larry A. Campagna, Partner, Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX
Nanette L. Davis, Assistant Chief, Northern Criminal Enforcement Section Tax Division U.S. Department of Justice, Washington, DC
Mark E. Matthews, Partner, Caplin & Drysdale, Chartered,
Pamela J. Naughton, Partner, Sheppard Mullin Richter & Hampton LLP, Shelton, CT
Alexander P. Robbins, Attorney, Criminal Appeals DivisionU.S. Department of Justice, Washington, DC
Moderator: Jenny L. Johnson, Partner, Holland & Knight, LLP, Chicago, IL
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