United States DC Circuit

Conviction for tax evasion and fraud is reversed where the defendant's production of documents under a grant of immunity was sufficiently testimonial to implicate his right against self-incrimination under the Fifth Amendment. The case is remanded for a determination of the extent of the government's impermissible use and whether that use was harmless beyond a reasonable doubt.

Appellate Information

• Argued 04/13/2006
• Decided 07/14/2006
• Published 07/14/2006

Judges

• Before:  ROGERS, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Ketanji B. Jackson, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III and Mark H. Dubester, Assistant U.S. Attorneys.