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Incriminate You Where?

01 Nov 2001

In a class action lawsuit, defendant declines to answer discovery questions on the grounds of the privilege against self-incrimination fearing criminal prosecution in Venezuela. Does the Illinois Constitution provide broader protection than the Fifth Amendment and protect against self-incrimination based on fear of prosecution in a foreign proceeding ? Finding that this constitutional question was important enough to address sua sponte, the Illinois Supreme Court says: No. Like the Fifth Amendment, the Illinois Constitution does not protect against fear of self-incrimination in a proceeding by a foreign sovereign so defendant must answer the questions in discovery. Remember to ask, "incriminate you where ?" Relsoleo et al. v. Fisk, No. 90623, 2001 WL 1474875 (Ill. S. Ct., Nov. 21, 2001).

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