122 1 Q. As a prosecutor, did you ever in a 2 prosecution against one person successfully introduce 3 into evidence that somebody else had taken the Fifth? 4 MR. SCAROLA: In a criminal case? 5 MR. SIMPSON: In a criminal case, yeah. 6 THE WITNESS: So I had about 20 trials, most 7 of them I was in the general crimes units in the 8 eastern district of Virginia. Most of them 9 involved drug dealers and gun runners that did 10 not -- where those issues didn't come up. 11 So as sitting here today, I can't recall a 12 circumstance where in that criminal case I was 13 able to do that. The standards for using it ina 14 Civil case would be much, much broader. 15 MR. SIMPSON: Move to strike nonresponsive 16 portion of the answer. 17 BY MR. SIMPSON: 18 Q. Have you been involved in a civil case in 19 which you have successfully introduced into evidence the 20 fact that Person A took the Fifth Amendment as evidence 21 against Person B? 22 A. I haven't been involved in many civil cases 23 involving invocations of the Fifth Amendment so I can't 24 recall a circumstance like that right now. 25 Q. And is the 11th Circuit case you're referring ROUGH DRAFT ONLY HOUSE_OVERSIGHT_021945