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From Coastie-
Accordingly, consistent with this Order, it is ORDERED AND
ADJUDGED that:
1. The Commission’s Motion in Limine for Adverse Inferences Against Luis E. Vargas and to Strike Affirmative Defenses (D.E. 255) is GRANTED IN PART and DENIED IN PART;
2. The Commission’s Motion in Limine for Adverse Inferences Against
Lawrence Lynch (D.E. 257) and Motion in Limine for Adverse Inferences
Against GlobeTel Communications Corp. (D.E. 309), are GRANTED.
DONE AND ORDERED in Chambers at Miami, Florida this 28th day of September, 2010.
The Judge has granted the SEC's motion for "negative inferences" against the Company, Lynch, and Vargas for questions that Lynch and Vargas refused to answer during their depositions (Fifth Ammendment).
Vargas is allowed to keep his affirmative defenses.
"The Court finds that striking Vargas’s affirmative defenses based upon the invocation of his Fifth Amendment privilege is unwarranted."
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