United States v. Balsys

The defendant was a resident alien who obtained admission to the United States in 1961. In his application for admission, he stated that he had served in the Lithuanian army between 1934 and 1940, and had lived in hiding in Lithuania between 1940 and 1944. Further, he swore that the information was true, and signed a statement of understanding that if his application contained any false information or materially misleading statements, or concealed any material fact, he would be subject to criminal prosecution and deportation. The Office of Special Investigations (OSI), which was created to institute denaturalization and deportation proceedings against suspected Nazi war criminals, began investigating the defendant to determine if he had participated in Nazi persecution during World War II. If proven, this participation could have resulted in the defendant being deported. Pursuant to a subpoena issued by OSI, the defendant appeared to testify at a deposition, but refused to answer questions about his wartime service and his immigration to the United States. He invoked his Fifth Amendment right against compelled self-incrimination, claiming that his answers could subject him to criminal prosecution by Lithuania, Israel, and Germany.