Kemmerer Bottling Group, Inc. v. Central Truck Parts Co.
Kemmerer Bottling Group, Inc. v. Central Truck Parts Co.
Opinion of the Court
MEMORANDUM AND ORDER
William Taylor pled guilty to one count of mail fraud and one count of income tax evasion pursuant to a plea agreement in which he admitted participating in a scheme with Central Truck Parts Company to defraud the company by whom he was employed as a stockman. In this civil case the plaintiffs counsel has sought to depose Taylor about those transactions and he has invoked the privilege against self-incrimination. Plaintiff now seeks to compel Taylor’s testimony.
Plaintiff quite rightly points out that the conviction immunizes Taylor from further prosecution for the offenses of which he was charged and he therefore has, at least to that extent, lost the privi
The “lost privilege” concept derives from the conviction, whether or not the witness has ever previously testified. Perhaps there is a waiver here by the plea agreement and Taylor’s description under oath of his involvement at the time the plea was accepted, see Rogers v. United States, 340 U.S. 367, 71 S.Ct. 438, 95 L.Ed. 344 (1951), although United States v. Miranti, 253 F.2d 135 (2d Cir. 1958) and Chase indicate there is not. Plaintiff has not, however, discussed that approach and we do not explore it further.
Reference
- Full Case Name
- KEMMERER BOTTLING GROUP, INC. v. CENTRAL TRUCK PARTS COMPANY and Zdzislaw Belkowski
- Status
- Published