Is a collective entity covered by the Fifth Amendment?

"The critical issue [for determining what is a collective entity] is whether the organization had an institutional identity separate from that of its individual members." In re Two Grand Jury Subpoenae Duces Tecum Dated Aug. 21, 1985 , 793 F.2d 69, 72 (2d Cir. 1986) ; see also Bellis , 417 U.S. at 94-95, 94 S.Ct. 2179. Pursuant to this rule, we have held that sole proprietorships are covered by the Fifth Amendment's privilege against compulsory self-incrimination, because "a sole proprietorship has no legal existence apart from its owner." United States v. Fox , 721 F.2d 32, 36 (2d Cir. 1983) ; see also

[974 F.3d 181]