- Assume you represent one of the traders identified in the hypo potential insider trading scenario we reviewed in prior weeks. Prepare a memo describing the advice you might provide to the trader to responding
to an SEC investigation, analyzing all possible approaches. - Do you think that juries should be able to draw an adverse inference against defendants who assert the 5th Amendment in civil cases? Do you think that corporations should be able to assert the 5th to avoid producing documents? Why or why not?
Supplement material link: - https://scholar.google.com/scholar_case?case=7744352446580251902
- https://supreme.justia.com/cases/federal/us/530/27/
- https://www.ce9.uscourts.gov/jury-instructions/node/376