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Order — No. 0:22-cr-60028 (Dkt. 31, S.D. Fla.)

Summary

An order in United States v. Luke Joselin, Case No. 22-60028-CR-DIMITROULEAS, in the U.S. District Court for the Southern District of Florida, entered June 3, 2022 as Document 31 (2 pages). The order denies non-party Kabbage, Inc.'s Motion to Quash Subpoena [DE-28]. It states that corporations do not have Fifth Amendment rights, citing Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F. 3d 1298, that there is no allegation that this is a one-person corporation, and that no good cause has been shown to require the Government to "tie one hand behind their back".

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“Order — No. 0:22-cr-60028 (Dkt. 31, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-0-22-cr-60028-dkt-31-s-d-fla-06ce15e834/, SHA-256 1c63a45e2533158f7741c547a5a8a62755cf75ff3a471529b178b40bea2cb18a.

Full text

Case 0:22-cr-60028-WPD Document 31 Entered on FLSD Docket 06/03/2022 Page 1 of 2




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA


  UNITED STATES OF AMERICA,                         CASE NO. 22-60028-CR-DIMITROULEAS

           Plaintiff,

  vs.

  LUKE JOSELIN,

        Defendant.
  ____________________________________/

                                             ORDER

           THIS CAUSE is before the Court on Non Party Kabbage, Inc.’s Motion to Quash

  Subpoena [DE-28], and the Court having considered the motion and being otherwise fully

  advised in the premises, it is hereby

           ORDERED AND ADJUDGED that the Motion [DE-28] is Denied. Corporations do not

  have 5th Amendment rights. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F. 3d

  1298, 1303 n. 2 (11th Cir. 2009) citing, Braswell v. U.S., 487 U.S. 99, 102 (1988). There is not

  even an allegation that this is a one-person corporation, see, U.S. v. Stein, 2021 WL 3129628 * 4

  (S.D. Fla 2021). The Government has the burden to prove the criminal charges, beyond a

  reasonable doubt; no good cause has been shown to require them to “tie one hand behind their

  back”.

           DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this

  3rd day of June, 2022.
Case 0:22-cr-60028-WPD Document 31 Entered on FLSD Docket 06/03/2022 Page 2 of 2




  Copies furnished to:

  Counsel of Record

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