Through counsel, Metter suggests that such arguments need not apply to him as he has no intention to assert his Fifth Amendment rights:
[w]hile the Government's application presumes that Mr. Metter will assert his Fifth Amended privilege and even that he would be convicted in a criminal trial ... Mr. Metter has and will continue to defend against these allegations .... While other defendants have asserted their Fifth Amended privileges, Mr. Metter has not.
Defendant Michael Metter's Opposition to Government's Application to Intervene and Stay Discovery (“Metter Opp. Br."} at 17.
This claim misrepresents Metter’s position in the Civil Case to date. In his Answer and Demand for Jury Trial, filed on July 13, 2010, Metter asserted his Fifth Amendment rights approximately 140 times. See Exhibit A, Answer and Demand for Jury Trial of Michael Metter (“Metter Answer"), Docket Entry #87. To date, Metter has not filed an amended Answer in the case altering those assertions. Metter also asserted his Fifth Amendment rights in his opposition to the SEC’s Motion for Preliminary Injunction.
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