Kalkines warning

The Kalkines warning is an advisement of rights usually administered by United States federal government agents to federal employees and contractors in internal investigations. The Kalkines warning compels subjects to make statements or face disciplinary action up to and including dismissal, but also provides suspects with criminal immunity for their statements. It was promulgated by the U.S. Court of Federal Claims in Kalkines v. United States.[1] In that case, a federal employee was fired for not cooperating with an internal investigation. The Court of Claims found that the employee had not been sufficiently advised of his immunity to criminal prosecution, nor sufficiently warned that he would be fired if he refused to cooperate.

A typical Kalkines warning (exact wording varies between federal investigative agencies) may read as follows:

You are being questioned as part of an internal and/or administrative investigation. You will be asked a number of specific questions concerning your official duties, and you must answer these questions to the best of your ability. Failure to answer completely and truthfully may result in disciplinary action, including dismissal. Your answers and any information derived from them may be used against you in administrative proceedings. However, neither your answers nor any information derived from them may be used against you in criminal proceedings, except if you knowingly and willfully make false statements.

The Kalkines warning helps to ensure an employee's Constitutional rights, while also helping federal agents effectively conduct internal and administrative investigations.

See also

References

  1. ↑ 473 F2d 1391 (U.S. Court of Claims) (1973)

Further reading

This article is issued from Wikipedia - version of the Wednesday, December 26, 2012. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.