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Reading the case Marshall I might fancy my chances at an FD finding (and on that point BLM could had withdrawn their offer to force the trial if they felt so strongly) but I very much doubt a court would find her guilty of fraud to a criminal standard.

The first instance position was bizarre and the decision on appeal is clearly correct. I wonder if J Harris' decision was one BLM pushed for or if the judge just came up with it on his own and BLM decided to attempt to defend their windfall against the inevitable appeal.

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