Corporate
Jul. 3, 2013
Corporate officers must speak to remain silent, too
The Supreme Court's holding suggests that if a corporate officer agrees to a voluntary interview and, thereafter, declines to answer a question that silence may be used as evidence. By Reid Schar, Coral Negron and Kristin Rakowski
In a recent opinion, Salinas v. Texas, 2013 DJDAR 7669 (June 17, 2013), the U.S. Supreme Court held that if an individual does not "expressly" invoke the Fifth Amendment privilege against self-incrimination in refusing to answer particular questions during a voluntary police interview, a prosecutor can use the individual's silence in the face of those questions as evidence of the individual'...
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