Doncouse_Jeremy_Week4

Doncouse_Jeremy_Week4 - Jeremy Doncouse LGLS298 Week 4...

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Jeremy Doncouse LGLS298 Week 4 10/26/2008 Question 5.8 Page 128 Questions on Enron Page 140 Question 5.8 Fifth Amendment’s Privilege against Self-Incrimination: The Fifth Amendment says that no one “shall be compelled in any criminal case to be a witness against himself.” However, while the law forbids someone giving testimony against one’s self (to include personal records) there is no provision against the records of a business. The records requested; general ledgers, invoices, bank statements, telephone records, safe-deposit box records, and tax returns, were all business records. The aforementioned records being business records require disclosure to third parties on a regular basis (accountants, the bank, the Phone Company, etc.). As such, there is no expectation of privacy. In fact, the U.S. Supreme Court held in this case that such documents which are voluntarily created are not privileged. But there is more to it. It’s not the contents of the records that are privileged.
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Doncouse_Jeremy_Week4 - Jeremy Doncouse LGLS298 Week 4...

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