Arndstein v. McCarthy

Citations

• 254 U.S. 71
• 41 S. Ct. 26
• 65 L. Ed. 138
• 1920 U.S. LEXIS 1239

Syllabus

<p>Under direction of the bankruptcy court, but without objection, an involuntary bankrupt filed schedules of assets and liabilities, which, standing alone, did not amount to an admission of guilt or furnish clear proof of crime; and, later in the proceeding, he .declined to answer certain questions concerning them on the ground that to do so might incriminate him. Held, that by filing the schedules he did not waive his privilege under the Fifth Amendment. P. 72.</p> <p>The privilege of the Amendment applies if it cannot be said that the questions propounded, considered in the light of the circumstances disclosed, may be answered with entire impunity. Id.</p> <p>The provision of § 7 of the Bankruptcy Act that no testimony given by a bankrupt shall be offered in evidence against him in any criminal proceeding, is not a substitute for the protection of the Fifth Amendment, since it does not prevent the use of his testimony to search out other evidence to be used in evidence against him or his property. P. 73.</p> <p>Reversed.</p>