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Scott's deposition Scott indeed did give a deposition in 2000 in which he invoked the Fifth Amendment to the U.S. Constitution 75 times. The amendment reads in part that no one "shall be compelled in any criminal case to be a witness against himself." Scott's deposition, however, was not part of the criminal fraud case being pursued by the federal government. In fact, Scott was never officially questioned during the federal criminal investigation. Instead, the case in question was a civil case involving Columbia/HCA and Nevada Communications Corp. Nevada Communications alleged that Columbia/HCA breached the terms of a communications contract. Scott's lawyer interjected after an opposing lawyer began the deposition by asking if Scott was employed. "Under normal circumstances, Mr. Scott would be pleased to answer that question and other questions that you pose today," Scott's lawyer, Steven Steinbach, said. "Unfortunately because of the pendency of a number of criminal investigations relating to Columbia around the country, he's going to follow my advice, out of prudence, to assert his constitutional privilege against giving testimony against himself. Scott then went on to read the same answer to every question Nevada Communications lawyers asked, even when asked if Scott is a current or former employee of Columbia/HCA -- "Upon advice of counsel, I respectfully decline to answer the questions by asserting my rights and privileges under the Fifth Amendment of the U.S. Constitution." The ad never clarifies, or tries to distinguish the deposition as being part of a civil case unconnected to the criminal investigation. It simply adds the claim into the middle of a series of claims about the criminal fraud case. On the other hand, Scott's reason for invoking the Fifth Amendment privilege was because of the criminal investigations surrounding Columbia/HCA, his lawyer said.
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Mar 16, 2011