There's the civil vs. criminal issue, as others have already pointed out. Also, in the order leading to the Prenda attorneys pleading the 5th, the judge basica

There's the civil vs. criminal issue, as others have already pointed out. Also, in the order leading to the Prenda attorneys pleading the 5th, the judge basically said "I have drawn these inferences. Tell me why I'm wrong.", and they declined to do so (pleading the 5th). According to Popehat's coverage, that seems to leave him pretty free to stick with the initial inferences. IANAL and all that.