Wayne E. Gosnell, Jr., spoke with Law360 to offer his perspective on why Fifth Amendment protections still apply even after an individual pleads guilty. A recent ruling for a former Volkswagen executive illustrates why and how the Fifth Amendment remains in force even after a guilty plea, a lesson that defense attorneys say is helpful as state, federal and foreign enforcement authorities sometimes go after the same facts.

Gosnell noted that said Fifth Amendment concerns are likely to arise from civil cases brought by childhood victims of sexual abuse under the recently passed Child Victims Act. Even if a plaintiff seeks information about conduct that is too old to charge under state law, such testimony could still potentially be used as evidence at a criminal trial, he said.

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