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Administrative Law Keyed to Funk
Braswell v. United States
Citation:
487 U.S. 99 (1988)Facts
From 1965 to 1980, Randy Braswell operated his business as a sole proprietorship. In 1980, he incorporated Worldwide Machinery Sales, Inc., and in 1981, he formed Worldwide Purchasing, Inc. Braswell was the sole shareholder of Worldwide Purchasing, which owned 100% of Worldwide Machinery. Both were active corporations that maintained their status with Mississippi, filed corporate tax returns, and kept corporate books and records. Though the corporations had three directors (Braswell, his wife, and his mother), neither his wife nor mother had any authority over business affairs. In August 1986, a federal grand jury issued a subpoena to “Randy Braswell, President Worldwide Machinery Sales, Inc. [and] Worldwide Purchasing, Inc.,” requiring him to produce various corporate records. Braswell moved to quash the subpoena, arguing that the act of producing the records would incriminate him personally in violation of his Fifth Amendment privilege against self-incrimination.
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