will be united states versus william corgan case number seventeen dash thirty six forty two e they had a forty page prospectus that they showed investors oc and it was all about we place in copper wire with fiber optics so if you put it on an airplane it's going to be hundreds of pounds  asked what sold these people knocked out the fact that there were expenses and why would you or somebody with what how much money you're making or how you're going to spend the money they needed the money now my client sold over one hundred  europe which is where some of this money was shown by me to be spent and to work and yeah i've talking to people to try to sell us oh ah they needed the money ok now my client had five thousand shares and he was owed two million dollars nobody wanted to see e c s succeed more than my clients he did everything he could to make  comes from the need or opinion you have to have a specific intent to defraud not just not just talk about how we got the best product or you know something that you would expect the salesperson say something that goes to the essential bender's got a big contract with the city of chicago and they argued well we performed the contract they got everything that we told them they would give them they didn't lose any money point they would never have gotten the contract you know if they hadn't lied about having minority ownership the same thing with mortgages and loans to banks when when you give information that inflates your income and your assets you never would have gotten their loan you never want to go on their mortgage it doesn't matter if there was no intent ah for a loss it's your reading too much into it and so the definition of material is everything change their mind and if you're if you already got a lot of stock in the company and you believe them they and the technology which both of them said they did and they both said they did they're both victims said they did their due diligence and they like the concept then when you're buying that's not your but you're not buying it because they own money to an insurance company or they're having trouble paying salaries you're buying it because you like the pravda you're such a nature of the partners you're getting  if your guy you have the money you know they're going to have to know what you're talking about investing that money well now i think you can make a case i think at least that's what you're trying to do to say well they were talking about health insurance and this was a good spots this was a defendant who at the time he still listen to the funds from the investors knew that they had already invested significant amounts of money three hundred fifty thousand dollars by probably partner six hundred twenty five thousand communicating with a romantic interest about how he was planning to use at least some of those funds to send her and how he wanted to travel to visit her he also misled the investors in terms of where their money was being from the investors he used for personal use a significant portion of it and then tried to conceal this his actions by telling the investors multiple times that he had actually spent the money  for the health insurance and each investor in the district court's view credibly testified that he would not have invested that money both either because he knew that the money was being specifically for the health insurance ok i judge very quickly on the issue of the indictment by essentially spies messed up on the indictment multiple times both below and in this court and i apologize for that i think at the end of the day however there was no prejudice by what was done it was very clear throughout the indictment that mr neale it's in mr duncan we're both referr let's there was one e mail that was referred to in that count that included specific quotations that only was included in an e mail to mr nihilists there was only one exhibit that was sent march twenty second two thousand and nine that was the e mail to mr nigh let's and when this was offered that exhibit was offered into evidence there was no objection and i have not seen any evidence of prejudice because of that  march thirty and then there are more emails in mid and mid april so to say they're at the grand jury minutes to charge a deal it's i just i just don't think this  case as long as everything you tell them about the price and everything the spare and the accurate and they would have made the purchases anyway the fact that you said this the best stuff on the market well that doesn't really resonate everybody