United States v. Stelmokas

United States Court of Appeals for the Third Circuit · 1996 · Evidence

100 F.3d 302 (3d Cir. 1996)

Updated August 22, 2026

EvidencedenaturalizationFifth Amendmentadverse inferencecivil proceedingsBaxter v. Palmigianoancient documentsRule 803(16)

Facts

The district court found that Stelmokas voluntarily enlisted in the Lithuanian Schutzmannschaft in 1941, served as an officer, commanded the Kaunas ghetto guard for at least a 24-hour period in September 1941, and later served in the Luftwaffe. When he sought displaced person status and a visa in 1949, he concealed that service and instead represented that he had been a teacher and later a laborer. Wartime records from Lithuanian and German archives, along with expert testimony and survivor testimony, supported those findings. Stelmokas invoked the Fifth Amendment in discovery and did not testify at trial.

Issue

Whether the district court in this civil denaturalization case could draw adverse inferences from Stelmokas's invocation of the Fifth Amendment, admit wartime archival documents as ancient documents, and conclude on clear, unequivocal, and convincing evidence that he illegally procured citizenship because he was not lawfully admitted for permanent residence. The court also considered whether his false statements to immigration officials were material under DPA § 10.

Rule

In a civil case, the Fifth Amendment does not forbid adverse inferences against a party who refuses to testify in response to probative evidence, so long as independent evidence supports the inferences. A document may be authenticated as an ancient document under Rule 901(b)(8) if it is free from suspicious condition, found where authentic documents likely would be, and is at least twenty years old; statements in such a document are admissible under Rule 803(16). In denaturalization proceedings, a misrepresentation is material if it has a natural tendency to influence the relevant decisionmaker, and naturalization is illegally procured if the person was not lawfully admitted for permanent residence.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a civil forfeiture bench trial in Philadelphia, the government alleges that Omar Velez concealed ownership of cash derived from unlawful activity. During discovery and again at trial, Omar invokes the Fifth Amendment and refuses to answer questions about the source of the funds, while the government offers bank records, ledger entries, and testimony from an accountant linking him to the money.

May the judge draw an adverse inference from Omar's silence?

Explanation. The majority held that in a civil proceeding, the Fifth Amendment does not forbid adverse inferences against a party who refuses to testify in response to probative evidence offered against him, so long as independent evidence supports the inference. Here, the bank records, ledgers, and accountant testimony provide the required independent support.