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Taking the Fifth Amendment in Front of the Federal Grand Jury in Order to Protect White Collar Defendants and Their Papers By Solomon L. Wisenberg of Wisenberg & Wisenberg PLLC One of the most delicate tasks for the practitioner representing a witness or subject in a white-collar investigation is the tactical decision of whether to invoke the Fifth Amendment privilege against self-incrimination during the grand jury phase. This question can be even more complex in the case of grand jury subpoenas for documents. Two recent decisions by the United States Supreme Court, Ohio v. Reiner, 532 U.S. 17, 121 S.Ct. 1252 (2001), and United States v. Hubbell, 530 U.S. 27 (2000), indicate that its current members share, for the most part, an expansive view of the Self-Incrimination Clause.

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