nst parties to civil actions when they refuse to testify in response to probative evidence offered against them"); Securities and Exhange Comm'n v. Graystone Nash, Inc., 25 F.3d 187, 190 (3d Cir. 1994) ("[t]he [defendant's] dilemma of choosing between complete silence and presenting a defense [in a civil case

nst parties to civil actions when they refuse to testify in response to probative evidence offered against them"); Securities and Exhange Comm'n v. Graystone Nash, Inc., 25 F.3d 187, 190 (3d Cir. 1994) ("[t]he [defendant's] dilemma of choosing between complete silence and presenting a defense [in a civil case

erence was drawn, or not drawn, on a case-by-case basis under the microscope of the circumstances of that particular civil litigation." Id. (citing Graystone Nash, 25 F.3d at 192). The inference may not be drawn "unless there is a substantial need for the information and there is not another less burdensome w