Legal Question in Securities Law in New York

Taking the fifth when testifying before the CFTC

If a person successfully invokes their fifth amendment rights and refuses to testify before the CFTC, is it possible to turn around later and waive those rights by answering the questions in a deposition to be entered into the record? Or is this person precluded from giving testimony later on becuase they chose to take the fifth originally? And where would be a good place to research this question?


Asked on 7/03/02, 6:23 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Taking the fifth when testifying before the CFTC

The right against self-incrimination is waivable. Therefore, the person need not have invoked it before the CFTC. If the person later testifies under oath regarding the subject matter of the CFTC inquiry, the privilege would be waived.

-- Kenneth J. Ashman; [email protected]

Read more
Answered on 7/10/02, 12:50 pm


Related Questions & Answers

More Securities Law questions and answers in New York