Criminal Procedure — right against self-incrimination

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U.S. Court of Appeals for the Seventh Circuit

Criminal

Criminal Procedure — right against self-incrimination

In a prosecution for tax fraud, it did not violate the defendant’s right against self-incrimination for an IRS agent to testify that she began withdrawing large sums of money after he attempted to interview her.

“In light of what happened at Mrs. Phillips’ trial, her argument is unconvincing. The government’s explanation for Agent Howard’s testimony—to establish that the couple started withdrawing cash as soon as they became aware of the IRS investigation—is logical and is reflected in the government’s closing argument. The government intended to, and did, point out suspicious conduct and timing, rather than comment on Mrs. Phillips’ invocation of her right against self-incrimination. Nor would a jury be likely to view Agent Howard’s testimony as commenting on her silence. Indeed, the evidence does not even tell us whether the agents actually spoke to Mrs. Phillips, and if they did, what she did or did not say. Nor did the record clearly suggest that she was silent. We therefore conclude that the government did not violate her right against self-incrimination.”

Affirmed.

12-2532 U.S. v. Phillips

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Flaum, J.