From what Bud said, it sounds like he's talking about the appeal of Judge Mahoney's decision, not Judge Lynch's. Check your facts. Here's Mahoney's ruling: <a href="http://www.sec.gov/litigation/aljdec/2007/id339rgm.pdf" target="_blank">http://www.sec.gov/litigation/aljdec/2007/id339rgm.pdf</a>