The problem Scruggs faces is not uncommon among white-collar criminal defendants, targets, and subjects. He has a right to invoke the privilege against self-incrimination becasue of his potential criminal exposure and this invocation cannot be used against him in any criminal proceeding. But it can be used against him in a civil proceeding. A civil litigant’s failure to answer a deposition question based on Fifth Amendment grounds typically allows the other party to raise an adverse inference against him.
Letter of Apology