Question

Nigel is the sole proprietor of a construction contracting business. As part of an investigation into bid-rigging allegations, a grand jury issued a subpoena directing Nigel to turn over various records relating to his sole proprietorship. Nigel had voluntarily prepared the subpoenaed records. The government had long known that these records probably existed, but of course did not know of their contents. Nigel resisted the subpoena on Fifth Amendment grounds, arguing that being forced to comply would violate his privilege against self-incrimination. Should Nigel be required to comply with the subpoena? Why or why not?

Answer

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