The Supreme Court has interpreted the Fifth Amendment privilege against self-incrimination to include the act of producing business records of a sole proprietorship. United States v. Doe, 465 U.S. 605 (1984). The act of producing records concedes the existence and possession of the records called for by the subpoena as well as the respondent's belief that such records are those described in the subpoena. Requests for immunity for the limited purpose of obtaining records pursuant to Doe should clearly state this fact in the application.

The same letter of authority is issued by DOJ for the production of records as for testimony. Therefore, prosecutors should draft the court order to clearly limit the grant of immunity to the act of producing records pursuant to Doe, supra.

[updated January 2020]