of Maryland. That's a Fifth Circuit case from 1995, in which a bank officer was accused of dishonest and fraudulent acts and kind of bogus loans, and the Fifth Circuit allowed, Fifth Amendment invocations from the loan recipients to be used against him, reasoning that, well, in this kind of a case, the collusion t

eached. In rejecting the Department’s posi- tion, the Fifth Circuit held that “the govern- ment should have fashioned

victims.” The victims sought appellate review in the Fifth Circuit.°’ There, the court concurred with the district c

before charges have been filed, courts have uniformly agreed with the victims’ position. Perhaps the leading case to date to assess this question is the Fifth Circuit's decision in In re Dean. °° There, a wealthy corporate criminal defendant reached a generous plea deal with the Government - a deal that the Governmen

participants in the criminal justice process. As the Fifth Circuit explained in reversing a trial court which had al

Lines did not find that a general statement of authority can never meet the APA’s requirements to specify the legal authority for the rule. Instead, the Fifth Circuit held that that portion of the APA is violated when an agency chooses to rely on additional statutory provisions in support of its rule for the first

. 6! Section 30A(£)(3)(B) of the Exchange Act, 15 US.C. § 78dd-1(f)(3) (B); 15 US.C. §§ 78dd-2(h) (4) (B), 78dd-3(F)(4)(B). 182 Ty a 2004 decision, the Fifth Circuit emphasized this precise point, commenting on the limited nature of the facilitating payments exception: A brief review of the types of routine govern