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U.S. v. BRIGHT

Nos. 07-17027, 08-16912, 08-16913.

596 F.3d 683 (2010)

UNITED STATES of America, Petitioner-Appellee, v. Cherie J. BRIGHT; Benjamin Bright, Respondents-Appellants. United States of America, Petitioner-Appellee, v. Cherie J. Bright, Respondent-Appellant, and Benjamin Bright, Respondent. United States of America, Petitioner-Appellee, v. Benjamin Bright, Respondent-Appellant, and Cherie J. Bright, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2010.

Attorney(s) appearing for the Case

Christopher J. Cannon (argued), Suzanne M. Morris, San Francisco, CA, Michael Jay Green, Honolulu, HI, for respondents-appellants.

Carol A. Barthel (argued), Robert W. Metzler, John A. Dudeck, Jr. and David I. Pincus, Tax Division, Department of Justice, John Dicicco, Acting Assistant Attorney General, Gilbert S. Rothenberg, Acting Deputy Assistant Attorney General, Richard T. Morrison, Deputy Assistant Attorney General, Nathan J. Hochman, Assistant Attorney General, Washington, DC, and Edward Kubo, Jr., United States Attorney, Honolulu, HI, for petitioner-appellee.

Before: ROBERT R. BEEZER, SUSAN P. GRABER and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

The Fifth Amendment protects individuals from having to disclose documents when the very act of production would constitute self-incrimination. Cherie and Benjamin Bright (the Brights), subjects of an Internal Revenue Service investigation concerning past tax liability, jointly appeal the district court's order enforcing IRS summonses requiring production of documents, including those relating to offshore accounts. The Brights invoked their...

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