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At best , it is unfair and arbitrary . At best , it raises a possible defense at trial , but no more . At best , it is misleading and , at worst fraudulent . At best , it is determined that a conclusive case cannot be made against them . At best , it gave federal courts equitable power to do so when a court holds funds paid in as a condition of a stay of a rate appeal . At best , it might take the smirk off the face of a Free Will Defender and replace it with a worried grin . ) said , " At best , it looks like extraordinarily lax enforcement by the Securities & Exchange Commission .