Criminal Tax Case Vacated, Remanded Over Fifth Amendment References

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The U.S. Court of Appeals for the Seventh Circuit finds that a district court committed plain error in allowing prosecutors to point out during closing arguments that a defendant accused of selling tax avoidance trust packages had invoked her Fifth Amendment right to remain silent. Writing for the Seventh Circuit, Judge Kanne notes that the U.S. Supreme Court has determined that the prosecution may not comment on a defendant's refusal to testify before a jury. The Seventh Circuit vacates the conviction and remands the case to district court for retrial.

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