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The defendents lost in the SEC case. See Leeb vs the SEC. They settled
with admitting guilt,,but paid $500,000 fine. I consider that losing.
I'm not certain if it is the same case you view as the test case, but
this is the one the industry and press watched the most closely. The
defense was the that the 1st amendment didn't apply.
The CFTC case against Leeb is still pending and the states are still
active with their claims. The general view is that it will cost a few
million more to settle. If that's winning handily I'd hate to lose.
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