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biosectinvestor

12/10/22 11:17 AM

#546947 RE: jimmy667 #546853

I would not seem to necessarily argue 5th amendment issue ms with regard to a civil litigation and a simultaneous criminal investigation except to say that this does come up regularly. It is coming up in regards to other very prominent cases in the courts now. Defendants can in fact plead the 5th in a civil case and it is not a problem. But the jury can infer that they are guilty of the actions alleged, and that is not a problem either.

So I am not sure that a civil proceeding would necessarily be stopped, but for a plaintiff, it would make sense that they might allow for it to be delayed to see a conviction because they’d have far less to prove. Defendant would be invented to settle faster. But I do not think they need to do it and in fact the process can proceed and the defendant to plead the 5th would be allowed, and would not prejudice the criminal prosecution.