nuffie, ... The earlier one was taken when Treffry was his attorney. He would never, ever let Marco, Deli, speak freely.
So, if it's a 5th Amendment assertion, it contains no factual information that could be used in a summary judgment motion.
If, in the unlikely event, it contains information about other people, it will not be filed because the feds do not give away their advantage in knowing more than the next person to be questioned thinks they know.
If it's an "I did it" linked with "that's all you're going to get from me," I guess Ms. White could release it to embarrass Deli. But, why let those who he sold from know he's stone-walling? Let them guess what Deli's doing and whether what Treffry may have told them is the truth.
Actually, if the feds want to act stupid, nothing prohibits the deposition from being filed in the civil proceeding. But, the feds are not stupid. And, Deli's going to cave. So, it won't be used.
Just trying to give you an ex-prosecutor's and trial lawyer's perspective on these things. ... eom