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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Rockingham
No. 97-136
ANNETTE B. DEMAURO
v.
JOSEPH M. DEMAURO
June 16, 1998
Tober Law Offices, P.A., of Portsmouth (Stephen L. Tober on the brief and orally), and S. James Boumil, of Lowell, Massachusetts, on the brief, for the plaintiff.
Sanders & McDermott, P.L.L.C., of Hampton (Lawrence M. Edelman on the brief and orally), for the defendant.
HORTON, J. The defendant, Joseph M. DeMauro, appeals a decision of the Superior Court (McHugh, J.) ruling that he improperly asserted his State and federal privilege against self-incrimination. We reverse and remand.
In February 1994, the plaintiff, Annette B. DeMauro, filed a libel for divorce against the defendant. In the libel she alleged that the defendant had engaged in a systematic effort to conceal assets accumulated during their marriage by creating and fraudulently using trusts, foundations, sham corporations, off shore accounts, straws and other entities. The plaintiff also filed the required Rule 158 support affidavit. See Super. Ct. R. 158. In March 1994, the plaintiff filed a motion to seal the record in the divorce proceeding on the basis that "[n]umerous allegations of both uncharged and unconvicted criminal behavior and activity . . . will be made within the pleadings."
The defendant contested the divorce and filed a counter-libel, but has never filed a completed Rule 158 affidavit as required, and has refused to answer interrogatories and other requests for admissions concerning, inter alia, his employment, financial background, and living expenses. To date, the defendant has not provided any meaningful financial information to assist in determining an equitable property settlement. See RSA 458:16-a, II (1992).
The defendant first asserted his privilege against self-incrimination at a hearing in another civil case on September 18, 1995. The trial court noted that the defendant's assertion of privilege at that late date made "clear that [the defendant's] decision not to meaningfully comply with any past Court order regarding the divulging of his financial status and asset picture was made long before he realized he had a Fifth Amendment privilege." The court further noted that the defendant's refusal to comply was "based upon his pure contempt of this court and the judicial process."
On November 4, 1995, plaintiff's counsel provided the defendant a draft copy of a civil complaint to be filed in federal court alleging that the defendant had engaged in racketeering and numerous other unlawful activities, see 18 U.S.C.