General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAre Non-Disclosure Agreements (NDA's) enforceable if they're intended to hide a crime?
Are Non-Disclosure Agreements (NDA's) enforceable if they're intended to hide a crime?
For example: Could a Republican senator or representative (or even a president) use NDA's to keep secret any illegal activity with prostitutes? What's the actual penalty for someone who breaks the terms of an valid NDA?
If they're called "escorts"... does that change the nature of the money-for-sex scheme? Or is that just a term to avoid using trigger-words that polite society regards as being vulgar or unseemly?
Cattledog
(5,914 posts)StarfishSaver
(18,486 posts)NDAs usually don't apply in criminal cases - a witness can be compelled to testify notwithstanding an NDA.
In a civil case, an NDA is also unenforceable if intended to shield a crime. But it can take quite a bit of litigation before getting to the conclusion that the NDA was intended to hide a crime.
fescuerescue
(4,448 posts)is defined in the NDA itself.
StarfishSaver
(18,486 posts)But NDAs don't apply to testimony in criminal matters
Caliman73
(11,738 posts)NDA's that were written for "corrupt purposes" are typically not enforceable. As StarfishSaver said however, there is much legal work to be done to determine if the NDA was written for a corrupt purpose.