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about five minutes if you Know me take a break, I can
give you the case.
Q. We -- we -- we can come back to it. A. Okay. Q. In your mind, if you have a witness who is
asked about a long litany of persons and he takes the Fifth Amendment in response to all of them, is it fair to draw an adverse inference as to the other person?
A. Okay. So now this will be about a three-minute answer, if that's okay, and I would say the answer to that question is, yes, and I want to explain why .
The 11th Circuit I'll give you the name, if I have a chance to look at WesLaw or something like that has a four-factor test that says, look, you can't just draw an adverse inference against someone in every circumstance, you have to balance various factors.
And so you have to look at the relationship between the parties and things like that, the degree of control that one person has over another party. Different factors that you would look at.
And so I -- I think there are two things here that would lead to the conclusion that under the four-factor balancing test, the adverse inference could
be used in the 11th Circuit and recall that the crime
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