Epstein Secrets

re silly, unfounded and alleged violations which are not defined as violations under the NPA but arrived at by the USAO. Thus, EPSTEIN is left with "Morton's Fork" in his side - the undesirable choice of taking the 5th Amendment and having a judgment (summary or otherwise) entered against him in the ci

ted information only if it "clearly appears" to the court that the witness was mistaken in his invocation of the privilege." (Emphasis added). In re Keller Financial Svcs., supra at 399, ciSgr Hoffman at 486. 12 EFTA00222536 Case 9:08-cv-80119-KAM Document 65 Entered on FLSD Docket 03/25/2009 Pag

re silly, unfounded and alleged violations which are not defined as violations under the NPA but arrived at by the USAO. Thus, EPSTEIN is left with "Morton's Fork" in his side - the undesirable choice of taking the 5h Amendment and having a judgment (summary or otherwise) entered against him in the civ

AYRAIN09 PaKO PS 4 24 C.M.A. v. Epstein, et al. Page 13 that the witness was mistaken in his invocation of the privilege." (Emphasis added). In re Keller Financial Svcs., supra at 399, .gr Hoffman, at 486. In the instant case, the privilege applies as Defendant EPSTEIN "has reasonable cause to appr

re silly, unfounded and alleged violations which are not defined as violations under the NPA but arrived at by the USAO. Thus, EPSTEIN is left with "Morton's Fork" in his side - the undesirable choice of taking the 5th Amendment and having a judgment (summary or otherwise) entered against him in the ci

ted information only if it "clearly appears" to the court that the witness was mistaken in his invocation of the privilege." (Emphasis added). In re Keller Financial Svcs., supra at 399, ciSgr Hoffman at 486. 12 EFTA00067394 Case 9:08-cv-80119-KAM Document 65 Entered on FLSD Docket 03/25/2009 Pag

7 S.Ct 2434, 2440, 58 L.Ed.2d 383 (1977) (Hunt k Simon, 426 U.S. at 40, 96 S.Ct. at 1925; Worth, 422 U.S. at 611, 96 S.Ct at 2211; Sierra Club v. Morton, 405 U.S. 727, 739, 92 S.Ct. 1361, 1868, 81 L.Ed.2d 636 (1972) (Sierra Club). In Hunt, the Supreme Court established a three-part test to determin

or controversy within the meaning of Article III of the Constitu- tion and the Federal Declaratory Judgmet Act, 23 U.S.C. Sec. 2201. Septum, Inc. Keller, 614 F2d 456 (5th Cir.1980). Synthesising the averments of the com- plaint, the consolidated pre-trial order, the trial transcript, and the May 16,