The Fifth Amendment’s privilege against self-incrimination is a crucial protection guaranteed by the Constitution to prevent the government from forcing someone to become a witness against her or himself. But when charged by the government with a quasi-crime, like a violation of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) or the False Claims Act, the protection of the Fifth Amendment becomes much less clear.
This question is increasingly relevant now because, in place of grand jury indictments, the Department of Justice has focused more and more on bringing fraud charges against entities and individuals through civil complaints alleging violations of FIRREA or the False Claims Act.
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