In which scenario may compromise negotiations be admissible under Rule 408(a)(1)?

• A. In any civil case
• B. In a criminal case if negotiations relate to a claim by a public office in regulatory, investigative, or enforcement authority
• C. In no scenario
• D. If both parties sign a waiver

Answer: (B)

Rule 408 keeps offers to compromise and statements made during compromise negotiations from being used to prove liability in a claim. But there’s an important exception in criminal cases when the negotiations involve a public office acting in regulatory, investigative, or enforcement authority. In that specific context, negotiations that relate to the government’s claim can be admissible. That’s why this scenario fits: a criminal case where the negotiations are with a public agency—the government’s regulatory or enforcement body—about the alleged claim. Civil cases don’t receive this exception, so they remain barred, and simply having both parties sign a waiver doesn’t override the rule. For example, if a company negotiates with the SEC over alleged violations, those negotiation statements may be admissible in a related criminal case.