08-03-2011, 02:28 PM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by L-Pink
How do you figure that?
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Real simple: Do bank robbers keep written plans on file by law for the government to inspect?
Criminals cannot be forced to maintain records of their criminal activities by law.
They (any seized records compelled by law) further could be not entered as evidence. (5th amendment - self incrimination).
Should they (a Defendant) not do this (maintain records) in connection with criminal activity they could not be prosecuted for not maintaining records. Again, the law would be in violation of the 5th amendment if the compliance is compelled.
This is a Classic Catch-22 ...
One day this will be established and upheld on appeal.
For now it is just legal theory until it is risen in a criminal case at trial.
So far, AFIK this claim has not been adjudicated ...
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