The former Chief Financial Officer of Reagor Dykes asked a federal judge on Tuesday for a protective order.
Shane Smith was fired from RD shortly after Ford Motor Credit Company made allegations of default and fraud. Several RD companies filed for bankruptcy on August 1.
In September, First Bank and Trust sued RD and a list of individuals including Smith. Among the allegations was a form of bank fraud called check kiting.
Smith argues that on the one hand he has the right to defend himself against the lawsuit, and on the other hand he has the right to avoid self-incrimination. There is no criminal case, but Smith’s request said he “reasonably apprehends” a criminal charge.
Rick Dykes, a partner in RD, claimed in previous court records that a criminal investigation was requested.
“The Supreme Court has disapproved of procedures which require a party to surrender one constitutional right in order to assert another,” Smith’s motion said.
Smith was asked in the lawsuit to admit or deny that he was personally involved in check kiting. In other words, Smith was asked if he committed a crime and he must give an answer under penalty of perjury.
Smith seeks a protective order allowing him to not provide answers or information that would incriminate himself. In the alternative, he is asking that be allowed to put off his responses until February 4.
