In his opening statement last week, an attorney for Leopold, Bruce Marcus, said there are no rules, laws or regulations against the actions of which Leopold is accused.

He told Sweeney last week that the "tabloid-like" allegations might reflect Leopold's "poor judgment" and "lack of social grace," but they did not rise to the level of a crime.

If convicted of the fraud charge, Leopold could be sentenced to up to five years in prison. Judges have broad leeway on sentences for misconduct in office because the charge carries no specific penalty.

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