Bear Stearns had done business with Wyler, a Dutch businessman. A venture capitalist and resident of the Netherlands, Wyler kept offices in Toronto and Barbados. After the relationship soured, Bear Stearns sued Wyler for inducing one of its managing directors to make false statements and breach his fiduciary duties. In discovery, Bear Stearns requested that Wyler disclose any business records related to that fraudulent inducement. Wyler invoked his Fifth Amendment right against self-incrimination.

CASE QUESTIONS

1. Will the court force Wyler to disclose the documents? Are they business records?

2. Does the Fifth Amendment apply in civil suits?