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Administrative Law Keyed to Funk
United States v. Kordel
Citation:
397 U.S. 1 (1970)Facts
In March 1960, the FDA began investigating Detroit Vital Foods for possible violations of the Federal Food, Drug, and Cosmetic Act. By June 1960, the FDA initiated a civil in rem action against two of the corporation’s products. In January 1961, the FDA filed interrogatories in the civil case and simultaneously issued a Section 305 notice indicating that criminal proceedings were contemplated. The corporation moved to stay the civil proceedings or extend time to answer the interrogatories until after any criminal proceedings, arguing this would be “improper” and work “grave injustice.” Notably, the corporation expressly disavowed any self-incrimination claim. The District Court denied this motion in June 1961, finding no substantial prejudice would result. In September 1961, respondent Feldten answered the interrogatories on behalf of the corporation without asserting any Fifth Amendment privilege. The civil case was settled by consent decree in November 1962, and criminal indictments followed in 1963. The respondents were convicted, but the Court of Appeals reversed, holding that the use of civil interrogatories to obtain evidence for a nearly contemporaneous criminal proceeding violated their Fifth Amendment rights.
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