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01/21/08 11:33 AM

#13943 RE: jking1999 #13941

jking1999, all of it will become moot if the DOJ gets an indictment, which seems like a real shoe-in when you read everything on this case and we do know there is an ongoing criminal investigation...as stated in the following: http://www.usxp.com/Receiver/Richard_Altomare_Depo_11_27_07.pdf

Posted by: jking1999
In reply to: Anvil/CT who wrote msg# 13816
Date:1/21/2008 11:22:18 AM
Post #of 13942

Anvil/CT: "Also, if the crew is found to be in contempt, does an appeal of such charge stop the hearing by the appellate court on the main two issues (i.e. selling unregistered shares and jury trial)."

Nope. That would be a totally different appeal. It may be entirely possible that RA and Gundy could both still have contempt charges upheld even if the most miraculous of miracles occurs and they win the main appeal, and somehow wind up fully cleared eventually.

They didn't apply to the appeals court for a stay of the judgement's penalties. Therefore, the judge is totally within his rights to attempt to have them repond to court orders requesting info, and to act in good faith toward paying off their penalties, or to show evidence that shows they can't.

An appeal of any contempt charges would probably never be accepted by the appeals court, anyway.