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culpable. i think you'll see a hair cut in that fine. >> emily and tim, your thoughts on this colloquy we're having right now. the fraud part is straightforward and it's been established according to the court process. yet the severity and the penalty is what this whole thing boils down to. emily, you heard david kelly say, don't hate the player, hate the game because the real estate game in new york, for anyone who's been near it, it's not always 100% accurate. that's true for a studio apartment as well as a luxury pad. how do you see that legally, emily? >> the judge has a huge amount of discretion here as far as choosing a number.

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