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Criminal Procedure – subpoenas — Required Records Doctrine

By: WISCONSIN LAW JOURNAL STAFF//August 27, 2012//

Criminal Procedure – subpoenas — Required Records Doctrine

By: WISCONSIN LAW JOURNAL STAFF//August 27, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – subpoenas — Required Records Doctrine

Compulsory production of foreign bank account records required to be maintained under the Bank Secrecy Act would not violate the Fifth Amendment privilege against self-incrimination.

“The voluntary choice to engage in an activity that imposes record-keeping requirements under a valid civil regulatory scheme carries consequences, perhaps the most significant of which, is the possibility that those records might have to be turned over upon demand, notwithstanding any Fifth Amendment privilege. That is true whether the privilege arises by virtue of the contents of the documents or the by act of producing them. The district court erred to the extent that it held that the Required Records Doctrine was not applicable because T.W.’s compelled production was incriminating and thus protected under the Fifth Amendment.”

Reversed.

11-3799 In re Special February 2011-1 Grand Jury Subpoena Dated September 12, 2011

Appeal from the United States District Court for the Northern District of Illinois, Holderman, J., Bauer, J.

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