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Self-Regulatory Organizations and the Constitutional Privilege Against Self-Incrimination

Posted in Broker-Dealer Regulation

How do self-regulatory organizations, such as ones acting for the futures industry and broker-dealers, steer clear of being deemed a government actor for purposes of the Constitution’s Fifth Amendment privilege against self-incrimination, while at the same time coordinating with a governmental authority enough to avoid duplication or disruption?  When can respondents in such cases successfully assert their Fifth Amendment rights?

Click here to read an analysis on these questions.