⁵⁸BolsWessanen Case Fails, Financial Times (London), July 17, 1998, at 2. See also David McKay, Insider Trading Case Opened After Leak of Sad Document, Business Day (South Africa), September 14, 1998 at 1 ("There has never been a prosecution for insider trading in South Africa. Under present law insider trading is a criminal offense and the burden of proof is extremely onerous.").

⁵⁹Baxter v. Palmigiano, 425 U.S. 308, 318 (1976) (holding that Fifth Amendment "does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them."); SEC v. Colello, 139 F.3d 674 (9th Cir. 1998) (applying Baxter to SEC civil enforcement proceedings); SEC v. Graystone Nash, 25 F.3d 187 (3rd Cir. 1994) (same).

⁶⁰Griffin v. California, 380 U.S. 609 (1965).