Are Non-Disclosure Agreements (NDA's) enforceable if they're intended to hide a crime?

[NurseJackie]

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]

1. No

[StarfishSaver]

2. No.

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]

3. The penality for breaking an NDA

is defined in the NDA itself.

[StarfishSaver]

5. True.

But NDAs don't apply to testimony in criminal matters

[Caliman73]

4. From what I have been hearing from "legal experts", No.

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.

[LetMyPeopleVote]

6. Generally these agreements are subject to public policy issues that mean that they are not enforceab

[marble falls]

7. No.