General Discussion

leftyladyfrommo

(18,871 posts) Wed Dec 12, 2018, 04:13 PM Dec 2018

Question on Non Disclosure

Is a ND enforceable if it was used to hide crimes?

8 replies

= new reply since forum marked as read

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Question on Non Disclosure (Original Post) leftyladyfrommo Dec 2018 OP

Yes. ND are not based on criminal law. Shell_Seas Dec 2018 #1

Are you sure? PJMcK Dec 2018 #4

No, I'm not, but.... Shell_Seas Dec 2018 #6

I'm not a lawyer but I would bet the house you can not use an NDA to conceal a crime. DemocratSinceBirth Dec 2018 #8

From the little I know... Drum Dec 2018 #2

I think you might be right on rhere. leftyladyfrommo Dec 2018 #5

Even if it was used solely to hide crimes? leftyladyfrommo Dec 2018 #3

I think the bigger thing is that here in America... Shell_Seas Dec 2018 #7

Shell_Seas

(3,336 posts)

1. Yes. ND are not based on criminal law.

Reply to leftyladyfrommo (Original post)

Wed Dec 12, 2018, 04:14 PM

Dec 2018

PJMcK

(22,050 posts)

4. Are you sure?

Reply to Shell_Seas (Reply #1)

Wed Dec 12, 2018, 05:14 PM

Dec 2018

Respectfully, are you a lawyer?

A lawyer cannot assist a client in the commission of a crime.

If I’m wrong, please explain.

Shell_Seas

(3,336 posts)

6. No, I'm not, but....

Reply to PJMcK (Reply #4)

Wed Dec 12, 2018, 05:35 PM

Dec 2018

I would assume that NDs fall under tort-laws and not criminal laws. I tried looking for the answer, there really isn't a consensus out there.

DemocratSinceBirth

(99,714 posts)

8. I'm not a lawyer but I would bet the house you can not use an NDA to conceal a crime.

Reply to PJMcK (Reply #4)

Wed Dec 12, 2018, 05:41 PM

Dec 2018

If Z saw X kill Y could X and Z enter into a NDA to conceal it?

Drum

(9,198 posts)

2. From the little I know...

Reply to leftyladyfrommo (Original post)

Wed Dec 12, 2018, 04:16 PM

Dec 2018

(disclaimer, a lot from the "better" cops-n-lawyer shows)

I believe that a contract for illegal acts is unenforceable and thus void.

Happy to hear from actual legal minds on this one...as I think that your larger point, leftyladyfrommo, is an intriguing one.

leftyladyfrommo

(18,871 posts)

5. I think you might be right on rhere.

Reply to Drum (Reply #2)

Wed Dec 12, 2018, 05:24 PM

Dec 2018

Trump and buds used those ND to terrify people into compliance. The sole purpose of them was to keep employees quiet.

leftyladyfrommo

(18,871 posts)

3. Even if it was used solely to hide crimes?

Reply to leftyladyfrommo (Original post)

Wed Dec 12, 2018, 04:17 PM

Dec 2018

That doesn't seem right.

Shell_Seas

(3,336 posts)

7. I think the bigger thing is that here in America...

Reply to leftyladyfrommo (Reply #3)

Wed Dec 12, 2018, 05:39 PM

Dec 2018

We give more power to businesses than we do to people, and violation of an ND may fall under contract/tort law. I think ND laws also vary from state-to-state, including whistleblower aspects. I'm just assuming though, from what I know about contract and tort laws.

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