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The Perils of Pleading the Fifth in the Corporate Fraud Context

By Michael J. Podberesky & Patrick Rowan on April 27, 2021
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“Pleading the Fifth” is one of the most commonly known phrases in the U.S. legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, the costs and risks of exercising that right in the corporate fraud context may outweigh the benefits.

To learn about some of the limits and potential high costs that invoking this protection could mean for companies — particularly federal government contractors, see our post on the Subject to Inquiry blog.

Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Patrick Rowan Patrick Rowan

As a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department, Pat’s practice focuses on criminal and civil enforcement proceedings and internal investigations. He has substantial experience in international and national security matters. He has represented individuals and companies…

As a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department, Pat’s practice focuses on criminal and civil enforcement proceedings and internal investigations. He has substantial experience in international and national security matters. He has represented individuals and companies in a variety of federal criminal investigations, as well as civil enforcement actions. He also advises corporate clients on compliance with the Foreign Corrupt Practices Act, OFAC sanctions, the ITAR, the EAR and CFIUS regulations. He has conducted numerous internal investigations for large companies with significant international operations.

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  • Posted in:
    Criminal
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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