Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 7

Privilege Against Self-Incrimination John Doe was the owner of several sole proprietorship businesses. During the course of an investigation of corruption in awarding county and municipal contracts, a federal grand jury served several subpoenas on John Doe, demanding the production of certain business records. The subpoenas demanded the production of the following records: (1) general ledgers and journals, (2) invoices, (3) bank statements and canceled checks, (4) financial statements, (5) telephone company records, (6) safe deposit box records, and (7) copies of tax returns. John Doe filed a motion in federal court, seeking to quash the subpoenas, alleging that producing these business records would violate his Fifth Amendment privilege of not testifying against himself. Must John Doe disclose the records? United States v. John Doe, 465 U.S. 605, 104 S.Ct. 1237, 79 L.Ed.2d 552, Web 1984 U.S. Lexis 169 (Supreme Court of the United States)

Step 1 of 3

Facts of the Case

The case is related to privilege against self incrimination. There was a person naming JD who was the owner of different business all in sole proprietorship form. There was an investigation conducted by federal grand jury on account of corruption in county and municipal contracts. JD was served with several subpoenas by the jury asking for the disclosure of certain records of business transactions.

JD was asked to produce records like general ledgers, journals, invoices, bank statements, financial statements, records of Telephone Company, records of safe deposit and tax returns.

JD contended that these disclosures are in violation to Fifth Amendment privilege. Therefore he filed a motion in court asking to quash these subpoenas.