The following excerpt is from In re Candor Diamond Corp., 21 BR 147 (Bankr. S.D.N.Y. 1982):
The bellweather case in the area of waiver of the Fifth Amendment privilege is Brown v. United States, 356 U.S. 148, 78 S.Ct. 622, 2 L.Ed.2d 589 (1956) ("Brown"). In that case, a witness who had voluntarily1
[21 BR 151]
taken the stand to testify2 was later precluded from invoking the Fifth Amendment privilege even though her prior statements were not incriminating. A witness must weigh the advantage of the privilege against the advantage of putting forward his version of the facts and his reliability as a witness.The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.