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To: BikerNYC

Insider trading is also a crime that she can be indicted for.

Are you a lawyer?

Do a google seach with "invoke fifth amendment civil trial" and you will find countless instances where people have invoked their Fifth Amendment rights in civil trials. Catholic clergy have recently done it. This is not controversial.

Sorry, we disagree completely. No big deal, when the trial comes it will all be laid out in this forum, among others. About 18 months from now.


27 posted on 07/21/2004 6:52:58 AM PDT by Badeye ("The day you stop learning, is the day you begin dying")
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To: Badeye
A witness may invoke his Fifth Amendment privileges in a civil proceeding where his answers might incriminate him in future criminal proceedings. (Lefkowitz v. Turley, 414 U.S. 70, 76 [1973] [citing McCarthy v. Arndstein, 266 U.S. 34, 40 [1924]). A witness may invoke his privilege against self incrimination even where no criminal charges are yet pending if there is even a possibility (not likelihood) of prosecution. (In re Master Key Litigation v. McCulloch, 507 F.2d 292, 293 [9th Cir. 1974] [see Hoffman v. United States, 341 U.S. 479, 486-87 (1951)).

Remember the Enron guys invoking the Priviledge during Congress' civil investigation of that debacle? You can invoke in civil proceedings.
28 posted on 07/21/2004 11:59:29 AM PDT by BikerNYC
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