On January 30, 2007, WLF filed a brief in the U.S. Court of Appeals for the Ninth Circuit urging it to uphold the dismissal of criminal charges against three officers of a company for securities law violations. The district court had dismissed the charges because the U.S. Attorney’s Office improperly used attorneys from SEC in a civil investigation as a secret “stalking horse” to develop criminal charges against the company officials. Accordingly, the businessmen’s Due Process and Fifth Amendment rights were violated. The SEC dissembling even carried over into court when SEC attorneys told the judge there was an agency policy against revealing to witnesses whether they are the subjects of an ongoing criminal investigation. Evidence was later produced in court showing that, in fact, there was no such SEC policy.