IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant, SUPPLEMENTAL MEMORANDUM IN SUPPORT OF BRADLEY EDWARDS' MOTION TO DETERMINE ENTITLEMENT TO ADVERSE INFERENCE AND PRECLUDING EPSTEIN FROM OFFERING EVIDENCE AT TRIAL The question of withdrawing privilege objections arises most often in the context of the Fifth Amendment privilege against self-incrimination. The applicable law has been summarized in the Criminal Practice Manual: "Generally, a litigant may not assert the privilege and then seek to withdraw it in order to gain a tactical advantage." The Fifth Amendment - Withdrawal, 1 Crim. Prac. Manual § 16:12 (2008) (collecting cases). The best known and most cited case on point is United States v. Certain Real Property and Premises Known as 4003-4005 5th Ave., Brooklyn, N.Y., 55 F.3d 78 (2d Cir. 1995). The government therein followed a drug conviction with a civil forfeiture action against property owned by the defendant. The defendant (Tapia-Ortiz) asserted his Fifth Amendment privilege in refusing to answer interrogatories about drug dealing activities. Six months later, the government moved for summary judgment, asserting that the property was used for drug deals EFTA01122490