The Alabama Consumer Protection Agency (ACPA) investigates the marketing practices of Beta Sales, Inc. The ACPA serves a subpoena on Beta, ordering the firm to provide certain business records, including its marketing agreements with other companies. Beta refuses to comply with the subpoena. On what is Beta most likely basing its refusal? Is a court likely to support Beta's position? Why or why not?
What will be an ideal response?
Beta is most likely refusing to comply with the subpoena on the ground that it has a constitutional privilege against self-incrimination A corporation cannot invoke the U.S. Constitution's privilege against self-incrimination as a basis for refusing to produce documents in response to a subpoena, however, which means that a court is most likely to rule against Beta. A corporation can be compelled to comply with such a subpoena, because a corporation is a legal entity and not a natural person. The Fifth Amendment's guarantee extends only to natural persons. Also, an employee of the corporation in charge of the corporate records cannot rely on his or her personal privilege against self-incrimination as a basis for refusing to produce the records.
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Indicate whether the statement is true or false
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