Asserting the Fifth Amendment in Civil Securities Litigation

Law360, New York (October 24, 2006, 12:00 AM EDT) -- Over the last five years, it has become increasingly important for securities lawyers to understand when defendants and witnesses may exercise their constitutional right against self-incrimination in civil litigation. This is true if only because the corporate scandals that started to plague the capital markets in 2001 – such as Enron, WorldCom, Tyco, Adelphia and others – resulted in a significant increase in the criminal prosecution of corporate fraud.

For example, in the aftermath of these scandals, President Bush issued an executive order creating the Corporate...
To view the full article, register now.