The defendant incorporated a business in which he was the sole shareholder. The defendant moved to quash a grand jury subpoena for the corporate records on the basis that the act of producing the records would violate his Fifth Amendment right to be free from self-incrimination.
Whether a sole shareholder of a corporation, as custodian of the records, may resist a subpoena for corporate records on the ground that the act of production would incriminate him in violation of his Fifth Amendment rights?
No. Corporations do not enjoy the Fifth Amendment self-incrimination protection.
Corporations do not enjoy a Fifth Amendment privilege. The Fifth Amendment protects only private papers and records. However, the custodian of corporate records, regardless of how small the corporation may be, can claim a privilege.
487 U.S. 99, 108 S. Ct. 2284 (1988)