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M.H. v. United States

Certiorari Denied

Petition for certiorari denied on June 25, 2012.

Docket No.11-1026
Op. Below9th Cir.

Issue

(1) Whether the Required Records exception to the Fifth Amendment privilege against self-incrimination applies when an individual, without immunity, is compelled to respond to a subpoena where either the act of production or the admitted absence of required records has incriminating testimonial aspects; and (2) whether the Required Records exception to the Fifth Amendment privilege against self-incrimination applies to bank records under the Bank Secrecy Act, 31 U.S.C. § 5311, even though the Act is primarily a criminal statute, and requires the production of documents which are not customarily kept and have no public aspect.

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