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Problem

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question

During a federal grand jury investigation into money laundering, a man's business and tax records were subpoenaed by the government. The man invokes his Fifth Amendment privilege against self- incrimination to prevent production of the records in his possession. The court would most likely

choices

  1. compel production of the records, because the Fifth Amendment is inapplicable.
  2. order a preliminary hearing to determine if the man has grounds to invoke the Fifth Amendment.
  3. permit the man to exercise his Fifth Amendment privilege, since such records may have the same incriminating effect as testimony.
  4. admit the records under the business records exception to the hearsay rule.

subject

professional_law

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