No. 20-1548

Natalio Fridman v. United States

Lower Court: Second Circuit
Docketed: 2021-05-06
Status: Denied
Type: Paid
Response Waived
Tags: act-of-production collective-entity-doctrine corporate-records fifth-amendment foregone-conclusion-doctrine irs-summons self-incrimination testimonial-evidence
Latest Conference: 2021-06-10
Question Presented (from Petition)

1. Does an individual retain his Fifth Amendment privilege in the face of the "foregone conclusion doctrine" when an IRS summons requires him, in effect, to provide testimony (akin to responses to interrogatories)?

2. Does an individual retain his Fifth Amendment privilege in the face of the "collective entity doctrine" when an IRS summons issued to him in his personal capacity seeks to compel production of documents of a corporation, but there is no evidence or no finding of fact that he is a custodian of the corporate records?

3. Can the Government compel an individual who asserts his Fifth Amendment privilege to disclose whether he is a custodian of records of a collective entity and then, in reliance on that compelled disclosure, demand that he produce the entity's records?

Question Presented (AI Summary)

Does an individual retain his Fifth Amendment privilege in the face of the 'foregone conclusion doctrine' when an IRS summons requires him, in effect, to provide testimony (akin to responses to interrogatories)?

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-19
Waiver of right of respondent United States to respond filed.
2021-05-03
Petition for a writ of certiorari filed. (Response due June 7, 2021)

Attorneys

Natalio Fridman
Richard A LevineRoberts & Holland LLP, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent