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Taking Statements During Internal Investigations: Garrity and the Fifth Amendment May Prevent Use in Subsequent Legal Proceedings

10/22/2018

Osazenoriuwa Ebose and Laurel Gift published a client alert, “Taking Statements During Internal Investigations: Garrity and the Fifth Amendment May Prevent Use in Subsequent Legal Proceedings.”

 

“In the wake of a recent trial decision in U.S. v. Connolly, companies should consider taking extra precautions when conducting employee interviews during an internal investigation. Such safeguards may be especially important when governmental investigations could be perceived to have an influence over the internal investigations of a private employer. Once an investigation becomes sufficiently “federalized,” the employer may be responsible for identifying the Fifth Amendment rights of employees and their statements could become inadmissible at trial.”

 

Click here to read the full alert.