SEC Files Motion For Partial Summary Judgment Against Alternate Energy Holdings, Inc., and CEO Don Gillispie

On June 1, the SEC filed a Motion for Partial Summary Judgment against AEHI and CEO Don Gillispie based on a very interesting "Statement of Undisputed Material Facts" which contains multiple references to Gillispie's  assertion of Fifth Amendment rights and the fact that by so doing, he "removes any chance that any other explanation can be offered."  The Memorandum in Support also points out that, "Parties are free to invoke the Fifth Amendment in civil cases, but the court is equally free to draw adverse inferences from their failure of proof.”
The Memorandum goes on to explain, "In any event, Gillispie is now precluded from presenting evidence in opposition as to matters on which he has invoked the Fifth Amendment privilege, including his knowledge." (p.24) (emphasis added)
See the Memorandum in Support

Here is the SEC's Statement of Undisputed Material Facts upon which they base the Motion for Partial Summary Judgment, included below that. The actual SEC Motion: