On April 27th, the Tenth Circuit addressed the parameters in a civil case for withdrawing an invocation of the 5th Amendment privilege against self-incrimination. The SEC instituted enforcement proceedings against defendant for his alleged operation of a Ponzi scheme. Defendant asserted his 5th Amendment rights, but when presented with a summary judgment motion, submitted an affidavit and sought to withdraw his 5th Amendment claim. The Court holds defendant was using the 5th Amendment to manipulate the litigation process. SEC v. Smart.