In what circumstances will the federal government be able to avoid a potential fifth amendment violation by drafting an indictment in a fraud case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Roshko, 969 F.2d 1 (2nd Cir. 1992):
In the past, we have admonished prosecutors to be especially careful in drafting indictments under 18 U.S.C. 371 (1988). For example, in United States v. Mollica, 849 F.2d 723, 729 (2d Cir.1988), we explicitly warned the government that it can avoid fifth amendment violations in fraud cases by
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