Sal Conelli is the president and sole stockholder of Salco, Inc., a corporation

Question

Sal Conelli is the president and sole stockholder of Salco, Inc., a corporation engaged in the wholesale food supply business. Conelli has custody of Salco’s business records. A grand jury investigating possible criminal violations of health codes applicable to food products has served a subpoena demanding that certain Salco business records be made available. Conelli plans to resist the subpoena by arguing that compelling the production of the records would violate both his and Salco’s Fifth Amendment privileges against self-incrimination. Should Conelli succeed with this argument? Explain your reasoning.  

Explanation / Answer

Since sal. Inc is a corporation, it does not have a privilege of Fifth Amendment against the self incrimination. Even conelli does not have Fifth Amendment privilege to assert the facts.

As a custodian of records, conelli does not have any personal privilege to prevent the disclosure of such records because salco does not have privilege to prevent the disclosure of records.

so conelli, should not succeed with the argument

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