The lawyers also argued that it was unfair to hold the men accountable for all of the proceeds when a number of other actors in the scheme — SOS "agents" who testified against the men at trial — received immunity deals and got off "scot-free."
Marc Nurik, Eremian's attorney, did not return a call late yesterday seeking comment.
The Eremians are brothers of Patrice Tierney, the wife of the Salem Democrat.
Patrice Tierney, who pleaded guilty in 2010 to abetting Robert Eremian in filing false tax returns and served a month in prison, became a witness against Daniel Eremian during his criminal trial last fall.
During that testimony, she acknowledged handling checks that had been made payable to various entities, including one called Benevolence Funding, that prosecutors argued were actually shell corporations set up by Robert Eremian to hide the true source of the money.
She has said she did not believe her brothers were engaged in anything that was illegal, even as she visited Robert Eremian's home in Antigua.
During her brother's trial, when questioned about whether she ever discussed her brothers' business with her husband, Tierney invoked her marital privilege.
Courts reporter Julie Manganis may be reached at 978-338-2521 or firstname.lastname@example.org.