COM. v. WU


343 Pa.Super. 108 (1985)

494 A.2d 7

COMMONWEALTH of Pennsylvania, Appellant, v. William WU.

Supreme Court of Pennsylvania.

Filed May 31, 1985.


Attorney(s) appearing for the Case

Stuart M. Niemtzow, Deputy Attorney General, Norristown, for Commonwealth, appellant.

Gilbert B. Abramson, Philadelphia, for appellee.

Before OLSZEWSKI, DEL SOLE and JOHNSON, JJ.


OLSZEWSKI, Judge:

When incriminating testimonial information has been lawfully obtained in the course of a good faith civil investigation, may a defendant assert a fifth amendment privilege against its use in a subsequent criminal prosecution?

Appellee, the defendant below, is a dentist. As a dental health care provider, he received reimbursement for his services through the Medicaid Program of the Department of Public Welfare.

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