United States v. Chabot, No. 14-4465 (3d Cir. 2015)Annotate this Case
The IRS received information from French authorities concerning United States persons with undisclosed bank accounts at HSBC and issued summonses to the Chabots requesting that they appear to give testimony and produce documents about their foreign bank accounts for the period from January 1, 2006, to December 31, 2009. The Chabots’ attorney notified the IRS that the Chabots would not appear, were asserting their Fifth Amendment privilege against self-incrimination, and would not produce the requested documents. The IRS amended the two summonses, limiting their scope to only those documents required to be maintained under 31 C.F.R. 1010.420. The Chabots continued to claim the Fifth Amendment privilege, and the IRS filed a petition to enforce the amended summonses.The Chabots appealed the district court's grant of the petition. The Third Circuit affirmed, noting that six other circuits have held that these records fall within the required records exception to the Fifth Amendment privilege.