11.06.13 | Blog Posts

Better News For White-Collar Defendants: Okatan Responds To The Supreme Court's Salinas Decision

The Insider: White Collar Defense and Securities Enforcement

The Supreme Court’s June 2013 decision United States v. Salinas raised a few eyebrows among white-collar practitioners because its focus on the need to expressly invoke the Fifth Amendment in order to obtain its protections had broad potential implications. In a recent decision, United States v. Okatan, the Second Circuit correctly answered the question the Supreme Court avoided in Salinas, and also confirmed the long accepted principle that asking for counsel is effective to invoke the Fifth Amendment. Although, like Salinas, Okatan was not a white-collar case, its reasoning and result will be welcome to anyone concerned about the rights of those facing law enforcement scrutiny in the business context, or any other. [...]

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