When Peter Madoff invoked the Fifth Amendment of the United States Constitution more than 50 times in a London court this week, the episode raised an unusual legal question: Can U.S. law protect a person testifying in an English court?
The answer is more straightforward than it seems.
Bernard Madoff’s younger brother was appearing as a witness for the liquidators of his older sibling’s collapsed U.K. business.
Currently serving a 10-year sentence in a U.S. federal prison for conspiracy and falsifying records, Peter Madoff was relayed by video link to a packed room at the Rolls Building in London.
He invoked his Fifth Amendment rights on no less than 50 occasions, declining to answer about 98% of the questions asked of him.
But there was nothing the London court could do. Given Mr. Madoff was physically located in the U.S., the U.S. rules of evidence applied and he was able to exercise his constitutional rights.
The 67-year-old told the court: “I respectfully decline to answer based on my rights under the Fifth Amendment of the United States constitution not to be compelled to be a witness against myself.”
The Fifth Amendment protects witnesses from incriminating themselves when called to testify in legal proceedings.
A witness may “plead the Fifth” and not answer a question if they believe answering may be self-incriminatory.
David Cynamon, partner at law firm Pillsbury, said that any evidence given by Mr. Madoff in a U.K. court could have been later used in a U.S. action.
Mr. Madoff was asked in court whether he was utilizing his constitutional rights because there was any possibility of further prosecution that could arise as a result of his evidence.
He responded by invoking the Fifth Amendment.