substantially lower than that but the fact is that it's contained in the second supplemental and it's in the opinion the district court wrote in response to our motion for bail pending appeal acknowledge that if i in this record actually did not copulate a precise amount was what the district court in this case was it the term it took the amount of debt listed in the original bankruptcy petition which i believe is about six hundred seventy one thousand dollars which because of the guidelines intended loss is a defendant purposely sought to inflict monetary harm i do agree with you he could be punished for what he did he could be punished for the fraud he c plan any credit or frankly he claimed over a million dollars of assets and had eighty thousand dollars in debt even bankruptcy trustee said that's the exception not the way he could figure it out in a trial i even  of financial injury to his creditors the district court said yes and that decision was cracked i'd like to start with sentencing at sentencing mr freeh took the stand and was asked did you intend to harm your creditors and you file just make sure i understand your question mr friess complaint on appeal is not with the calculation are you asking me to explain the calculation because i'm going to see his position is there's no lost right in our position is that he didn't have the last i'm right in and so ready is that last because sentence he says i'm going to give you know just a defense that works sixteen without any explanation as to how he gets there so it's not precisely clear right number the district court used when he got to that point so there we have to remain as and i don't i don't record and the impression i got was a basic a couple hundred thousand dollars and dimes to settle any debt that remained that they could possibly sell those downs and that was all they needed to take i never had guns from them we know from that statement  before circuit yes and it talks about in those at least as i understood those cases the intent of the defendant there was to preserve his assets and that's why the judge used it is that our case is that the free case are something different well and the facts actually keep adding up to show his intent to cause a loss to his creditors and let me just step back and say i think there is no doubt he wanted me to argue that he concealed them in order to keep them i could certainly support that but to show his intent to harm his creditors the list just goes on from his testimony where you are you advocating that the offense level adopted by the district court the fourteen is supported by the record because the intent was to asking you if there's a record support were the offense level at work jean based upon what you just said you said that the intent of the of mr freeh was to harm the creditors we believe it does support that and it's everything from his testimony at auction run by the dissident bankruptcy judge and was asked once he started bidding where are you getting this money this is not asked at the back of us bank of the estate is that he said now i got this money from friends and family he use that money to assets he didn't use that money to make sure creditors were paid and the list goes on and on his conduct he was incarcerated by the bank as a bankruptcy judge and the fact remains that the reason why creditors received one hundred percent is because the bankruptcy saying he can't be considered you're just a nuisance it's just record to make a finding that should be considered i don't believe it can be considered i don't think that's probably a proper consideration but i don't think it happened in this case so it becomes a moot point my incredible at sentencing there's other evidence coming from a trustee mr freeh said the reason i found this my gripes was just a big share of sales on my commercial properties record in this case will show yours in motion and in the appendix it w