Analysis

VW Exec's Case Shows How To Take The 5th After A Plea

Law360 (December 20, 2019, 1:34 PM EST) -- A recent ruling for a former Volkswagen executive broke down why and how the Fifth Amendment still applies after a guilty plea, a lesson that defense attorneys say is helpful as state, federal and foreign enforcement authorities sometimes go after the same facts.

Former Volkswagen AG executive Oliver Schmidt pled guilty in 2017 over his involvement in the German automaker's flouting of clean air standards and is serving a seven-year prison sentence. In a decision that became final in November, a Michigan federal judge rejected an attempt by German plaintiffs suing the carmaker to make Schmidt answer questions about his plea....

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