Again, I must warn there's a lot of hearsay and conjecture going on.....
But an added complexity seems to be the difference between civil and criminal penalties.
As far as I know, these accusations fall in the civil realm and some have said you can't invoke your 5th Amendment right because of that. But I don't know if that's true in this case or not, because some other people apparently have and have not heard back....YET. Those who simply didn't respond have gotten the pre-penalty letter mentioned earlier.
Does anyone know if anyone invoking the 5th has gotten a pre-penalty notice or heard anything more yet?
Some people are worried that, because of this civil and criminal dimension, that if they cop to it and pay the ~1k fine, if they won't get slammed with a criminal penalty later, because coming up with the invoices and everything for the report they request of you in the "R" letter would incriminate you.
Scary stuff, man.....I'm sure Wilkey can elaborate more and sort it out a little better, but I thought I'd bring up the civil/criminal/5th aspect of it and facilitate some answers from those who know more about it.
I say again, take what I have to say with a grain of salt
, because there's a lot of dialog being thrown back and forth in other places and not all of it could be true.
EDIT: Well, here it is from the Constitution itself..... "nor shall be compelled in any criminal case to be a witness against himself" So if this is a civil matter, then I guess you can't invoke the 5th. If there's a lawyer in the house (and I know there is
), please shed some more light on this matter. What happens if you stand to incriminate yourself in a civil case?
Edited by Black Plague, 03 January 2007 - 10:18 PM.