Law360 reported how "a recent ruling for a former Volkswagen executive broke down why and how the Fifth Amendment still applies after a guilty plea, a lesson that defense attorneys say is helpful as state, federal and foreign enforcement authorities sometimes go after the same facts".
McKool Smith Principal Dan Levy stated "the Schmidt ruling serves as a "stark reminder" that Fifth Amendment protections cover even those who have already been convicted or entered a plea agreement and admitted to a detailed statement of facts. This is an important ruling of general application because, as a matter of practice, federal plea agreements almost never bind the entire Department of Justice, and most federal crimes will have state law analogues".
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