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fundraisers for the purpose of obtaining funds or I suggest to the Court there was no evidence that he was involved in the policy of making fundraising decisions.
I understand the Court's comment that it was close. I urge you to consider that, even despite the jury's verdict, because we fell, or I feel, on behalf of Mr. Spannaus, had he been tried separately, that there could well have been a different verdict involved but that the wave of the jury's sense of the other evidence, particularly tax evidence, with which he was joined in this case, was harmful to him.
We will raise on appeal as you know the issue. I am not going to reargue it. But I think it's a factor in Your Honor's overall consideration that he has basically been functioning with the legal responsibilities.
Your Honor, I would of course ask fox, if Your Honor is considering incarceration, an opportunity to be heard on that.
THE COURT: Now is your opportunity.
MR. WEBSTER: I don't want to put the cart before the horse. If this is the opportunity, I would like to make some remarks that will not be extensive. For that purpose. Your Honor, I did prepare a submission which I would like to hand to the Court, which urges that there be bond pending appeal. Your Honor, I think has already made the determination with respect to Mr. Spannaus that there would be a level-one