Can an officer or agent of a separate entity refuse to produce the records of that separate entity?

MultiRegion, United States of America

The following excerpt is from Grand Jury Subpoenas Duces Tecum Dated June 13, 1983 and June 22, 1983, In re, 722 F.2d 981 (2nd Cir. 1983):

The reason for not permitting an officer or agent of a separate entity to refuse to produce its organization's records is that the privilege is purely personal and designed to protect the human being, not an artificial entity. The latter, being impersonal, has no human dignity needing protection. Its records are usually available to others within the entity and may not be treated as the private confidential papers of any one officer or employee. The officer creates or handles the records in a representative capacity, not on his own behalf. The records, moreover, do not belong to him but to the organization. He has no right to use the papers for his personal purposes, at least without the consent of the entity. To compel him to produce corporate records does not invade his personal privacy or violate his dignity or integrity as a person, protection of which is the aim of the Fifth Amendment. In addition, the organization, unlike the individual, is often the creature of the state, subject to visitation, obligated from its inception to make disclosures needed for enforcement of federal and state laws and subject to greater governmental control and regulation than the individual. Bellis v. United States, supra, 417 U.S. at 88-94, 94 S.Ct. at 2183-2186.

Other Questions


When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Is a lawsuit against a public officer in his official capacity a way of pleading against the public entity of which the officer is an agent? (MultiRegion, United States of America)
In a civil case brought by an inmate against a state officer for refusing to pay minimum wages, can the individual officer be sued for damages? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
If a probation officer finds any exonerating material, will the probation officer review the record before the court? (MultiRegion, United States of America)
When an employer agrees to a contract that prohibits an employee from pursuing a separate separate proceedings, does the employee have to pursue the separate proceedings? (MultiRegion, United States of America)
Is a visa officer's manager entitled to disagree with an officer's recommendation if the visa officer has not conducted an oral interview? (Canada (Federal), Canada)
Is a visa officer's duty to require an applicant to produce documents which the officer believes is necessary for consideration of an application? (Canada (Federal), Canada)
What is the rule on refusing to produce corporate records on the Fifth Amendment? (MultiRegion, United States of America)
Is a refusal to respond to an officer's request to "open up" to the officer is privileged conduct which cannot be considered evidence of criminal wrongdoing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.