Replies to post #13510 on Universal Express Inc fka USXP

[janice shell]

As someone just pointed out, in civil cases taking the Fifth does often carry an adverse inference.

In civil proceedings, since the Supreme Court's 1976 ruling in Baxter v. Palmigiano, it has been well established that an adverse inference may be drawn from a witness' invocation of the Fifth Amendment in the face of probative evidence. Courts have recognized that invoking one's Fifth Amendment rights alone does not create an adverse inference, but that there must be independent evidence to support an adverse inference — in addition to the assertion of the privilege.

http://www.abanet.org/buslaw/blt/2004-07-08/mazur.shtml

All of that's worth reading, as it applies in many ways to Fluffy's case.

[Anvil/CT]

So Derek:

you think the appeals court will buy into the "good faith" argument despite the fact that USXP did issue registration forms for stock issuance up until 2002 and then stopped for no stated reason