Marchetti v. United States
Citation and Court
390 U.S. 39 (1968) — Supreme Court of the United States
Facts
Federal law required persons engaged in accepting wagers to register with the IRS and pay an occupational tax. Marchetti, a bookmaker, was convicted of willful failure to register and pay. He argued the registration requirement compelled him to incriminate himself because bookmaking was illegal under state law.
Issue
Whether federal statutes requiring gamblers to register and pay an occupational wagering tax violate the Fifth Amendment privilege against self-incrimination.
Holding
Yes; the registration and tax requirements violated the Fifth Amendment because compliance would compel self-incrimination by exposing registrants to state and federal criminal liability for illegal gambling.
Rule / Doctrine
The Fifth Amendment privilege applies where a required disclosure presents a “real and appreciable” hazard of self-incrimination. Unlike the required records doctrine (Shapiro v. United States), the wagering tax registration was not a neutral regulatory program but was directed at a selective group inherently suspect of criminal activity, and compliance posed a substantial risk of criminal prosecution.
Significance
Significantly narrowed the reach of the required records doctrine and the government’s ability to compel disclosure through regulatory schemes when the targeted activity is predominantly criminal. Decided alongside Grosso v. United States (companion case).