· 2/22/2024
Constance Avaras and Apollo Investment Group, LLC v. UH-SI, LLC d/b/a Palm Beach Marriot Singer Island Beach Resort & Spa
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[t]he statute ... was not intended to compel persons suspected of crimes to assist criminal investigators in establishing their guilt”
- stating that \[t]he statute ... was not intended to compel persons suspected of crimes to assist criminal investigators in establishing their guilt\
- “Accordingly, in applying the ‘exculpatory no’ doctrine, we balance the need for protecting the basic functions of government agencies with the concern that a criminal suspect not be forced to incriminate himself in order to avoid punishment under section 1001.”
- defendant accused of cashing income tax refund check and replacement check accused store manager of allowing another customer to cash her original refund check
- exception applies to “exculpatory denials made to an officer conducting a criminal investigation”
- “A false denial of guilt does not pervert the investigator’s basic function in the manner the statute was intended to combat, but is merely one of the ordinary obstacles confronted in a criminal investigation.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.