119 1 about five minutes if you know me take a break, I can 2 give you the case. 3 Q. We -- we -- we can come back to it. 4 A. Okay . 5 Q. In your mind, if you have a witness who is 6 asked about a long litany of persons and he takes the 7 Fifth Amendment in response to all of them, is it fair 8 to draw an adverse inference as to the other person? 9 A. Okay. So now this will be about a 10 three-minute answer, if that's okay, and I would say the 11 answer to that question is, yes, and I want to explain 12 why . 13 The 11th Circuit I'll give you the name, if I 14 have a chance to look at WesLaw or something like that 15 has a four-factor test that says, look, you can't just 16 draw an adverse inference against someone in every 17 circumstance, you have to balance various factors. 18 And so you have to look at the relationship 19 between the parties and things like that, the degree of 20 control that one person has over another party. 21 Different factors that you would look at. 22 And so I -- I think there are two things here 23 that would lead to the conclusion that under the 24 four-factor balancing test, the adverse inference could 25 be used in the 11th Circuit and recall that the crime ROUGH DRAFT ONLY HOUSE_OVERSIGHT_021942