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If it appears that the A.G. is going to prevail in the fraud case, it very well could be that Eichner might be advised by his attorneys to seek a plea deal as the fraud charge being criminal could result in a jail term. As part of a plea deal to avoid that, Eichner could agree to repay those owners who have filed complaints with the court. That's just speculation but it is plausible especially in light of the fact that Eichner claims that there are very, very few disgruntled owners.