Priebe

Priebe v. World Ventures, Inc.

Good Law
407 F. Supp. 1244·1976 U.S. Dist. LEXIS 16511
United States District Court, Central District of CaliforniaFebruary 23, 1976CV 75-1844-FCalifornia1,245 words

Opinion

Opinion

Ferguson, J.

MEMORANDUM AND ORDER TO COMPEL ANSWERS

Plaintiff Winlaw A. Priebe has moved for an order compelling defendants World Ventures, Inc., Robert Gallagher, Lowell I. Skow and Stanton Hollingsworth to answer questions put to them by plaintiff’s counsel upon oral deposi tion and to answer written interrogatories.

The defendants in response have conceded that World Ventures, Inc.’s corporate status deprives it of any right to invoke the privilege against self-incrimination (see, e.g., Wilson v. United States, 221 U.S. 361 , 31 S.Ct. 538 , 55 L.Ed. 771 (1911)), but maintain that the same privilege protects each of the remaining defendants from answering questions. Essentially the defendants contend that the allegations contained in the plaintiff’s complaint involving federal and state securities violations could support an action for criminal liability. The plaintiffs resist the defendants’ position by insisting that the privilege may be invoked only upon a showing that there is a “reasonable basis” for believing that “incriminating evidence would be revealed” and that the privilege must be applied only to specific questions asked.

It is settled that the fifth amendment privilege…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.