Despite the seriousness of the charges, I would ask the court to exercise discretion.

The secretary did not exercise her discretion lawfully in the manner contemplated by this court's directive.

Company executives exercise wide discretion over the use of corporate assets for charitable purposes. Absent a system of accountability for charitable contributions, executives may use corporate assets for objectives that are not shared by, and may be inimical to, the interests of a company and its shareholders, potentially harming long-term shareholder value.

The judges have full authority to exercise discretion. That's why they're there.

Unmitigated seriousness is always out of place in human affairs

[Lev Beniov:] "The imminence of death did not frighten me as much as it should have. I had been too afraid for too long; I was too exhausted, too hungry, too feel anything with proper intensity. But if my fear had diminished, it was not because my courage had increased. My body was so weak, so spent, that my legs trembled from the effort of standing upright. I could summon no great concern for anything, including the fate of Lev Beniov.