Federal Civil Enforcement

Civil Enforcement Actions: Whither the Fifth Amendment?

, New York Law Journal

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In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that civil complaints alleging violations of FIRREA or the False Claims Act, which the DOJ is using more and more, can carry brutal repercussions, so the incentives to remain silent are strong. However, the repercussions of the decision to invoke the Fifth Amendment can be significant.

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