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After a little further study of this case I figured out what happened. This wasn't a trial regarding the injunction like I thought. It was a trial on the charges leveled by the FTC. Dennis Lee chose to assert his right to a speedy trial (some thing that is unheard of in FTC cases) and caught them with their pants down. There is no doubt that the FTC is looking for an avenue for appeal.
Fortunately for the FTC the scammers reverted back to their old ways and started selling this crap again in the exact same way. This means that if the FTC looses its appeal and can't press charges for previous violations due to double jeopardy, they can press new charges based on the new violations since the trial. Sort of like if some one beats a murder rap and then goes out and kills again.
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