Braswell v. United States (1987)
- Docket
- 87-3
- Decided
- 1987-01-01
Summary
Question: Does the custodian of corporate records have the right to resist a subpoena of those records under his Fifth Amendment privilege against self-incrimination? Conclusion: No. In a 5-4 decision, Justice William J. Rehnquist wrote the majority opinion affirming. The Supreme Court held that corporations are not protected by the Fifth Amendment privilege against self-incrimination. An agent of the corporation holds the official records of the corporation in their representative, and not individual, capacity so the personal privilege is not applicable. Allowing corporations a privilege against self-incrimination would be detrimental to enforcement of government regulations and prosecution of white-collar crime.