1

Could non-disclosure agreements prevent criminals from snitching on each other, or to prevent legally obtaining proof of illegal operations?

I have two similar scenarios in mind:

  1. A group of bank robbers sign NDA-s to each other, so that if one gets caught, their testimony will be inadmissible due to being "fruit of the poisonous tree".
  2. An illegal gambling establishment signs an NDA with anyone who enters, so that any information gathered by law enforcement would be illegally obtained.

The question is: does the fruit of the poisonous tree doctrine extend this far, and are there any examples of criminals trying something similar?

Improve this question
5
  • 3
    How is law enforcement asking a person to break an NDA "breaking the law"? And contracts to do illegal things are void.
    – George White
    Commented Dec 12, 2022 at 6:44
  • 4
    Also law.stackexchange.com/questions/70232/… is somewhat related. Basically, such an NDA is almost certainly void as against public policy. In some cases, there are statutes that explicitly forbid asking to sign an NDA that would prevent "whistleblowing" disclosure of illegal activity.
    – Nate Eldredge
    Commented Dec 12, 2022 at 7:12
  • 1
    Re: "...are there any examples of criminals trying something similar?" there's always the "I'm gonna make him an offer he can't refuse" option.
    – user35069
    Commented Dec 12, 2022 at 7:35
  • Another possibly relevant example is the Trump White House insisting that staff sign NDAs.
    – Tom
    Commented Dec 12, 2022 at 19:03
  • I don't think an NDA can prevent someone from testifying against you. You may have a civil case against them, but it's not precluded evidence in the criminal trial.
    – Barmar
    Commented Sep 13 at 15:29

0

Reset to default

Browse other questions tagged .