Your Lesson #2 is wrong. If someone accuses you of theft listen to your lawyer, whether you are innocent or guilty.
I'm not a lawyer, but Alsup is, and he states as much in an abundantly clear tongue lashing of Uber's lawyers:
http://www.documentcloud.org/documents/3533784-Waymo-Uber-3-...
Sorry, but I don't buy it. Of course you should talk to lawyers first, just as Levandowski did.
But at some point, if you're truly innocent, I'm sure the best lawyers in the business could find a way for you to say "I'm not guilty" without hurting yourself.
In a perfect world, being actually innocent would mean zero risk of conviction of a crime with a vigorous and dedicated defense, no matter what the prosecution did.
We don't live in a perfect world, and it is, in fact, quite possible for a situation to exist where you are actually innocent and on-balance have better expected results by invoking the Fifth.
Even accepting potential negative consequences that may have outside of the criminal realm.
But I have a hard time imagining a specific scenario where you're accused of IP theft and a lawyer can't find a way to say "my client is not guilty of IP theft" without compromising their client.
At the very least, at some point, the client is going to have to enter that "not guilty" plea.
Okay, how about where they actually physically have the documents that are the subject of the case, cooperating with discovery would reveal them, but they didn't actually use them in the new job or take them with intent, even though the other people accused alongside did actually steal smaller numbers of documents, and use them in the new job without your clients knowledge, so that your only real hope besides gambling on a jury's inferences of intent is that a criminal case is never initiated because your clients possession of the information doesn't come to light.
> At the very least, at some point, the client is going to have to enter that "not guilty" plea.
A plea is non-testimonial, does not open up cross examination, and does not open up threat of perjury. And, no, they don't have to do that if criminal charges are never filed, which is exactly what you are hoping for if you are invoking the Fifth in other circumstances because of potential future criminal prosecution.
It's super unclear to me how you would accidentally retain a copy digital documents...?
Like I said, it's hard to imagine this scenario actually happening. But for good measure:
Lesson #3: Leave work at work and startup at home.
(I'm just putting this out there because I don't actually know, and hope someone else knows the answer. Not attempting to be authoritative.)
I would probably have been in a world of shit if anything came of it, though.
He (or his lawyer) believes that talking about these documents could open him to criminal liability (whether he's guilty of anything or not), so he is choosing to remain silent.
Now, if other evidence is unearthed and Levandowski is indeed charged with a crime, and it made it to trial, that would be his time to enter in a plea of not guilty.
I'm addressing parent's concrete hypothetical -- where the person accused of theft is the ceo of the company.
> that would be his time to enter in a plea of not guilty.
I think I'm wrong here, actually :)
dragonwriter provides a compelling explanation, elsewhere in this thread, for why entering a "not guilty" plea is very different from stating "I'm not guilty" outside the context of entering a plea.