The fight is still on for five former insurance executives who lost a sham reinsurance case in 2008 that included conspiracy, securities fraud, making false statements to the U.S. Securities and Exchange Commission and mail fraud.

The five execs’ lawyers took arguments—reportedly an unfair trial and questionable evidence entered into the original hearing—to the 2nd U.S. Circuit Court of Appeals on November 17. The appeals court will issue a ruling at later date.

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