eight family members had previously pleaded guilty to a single count of conspiracy to commit wire/mail fraud, they were: marks's daughter (rosie marks), son-in-law (donnie eli), her two sons and their wives (michael marks & cynthia miller and ricky marks & nancy marks), her sister (victoria eli), and granddaughter (vivian marks). before the pleas were entered, defense attorney for nancy marks, michael gottlieb, filed a 24-page request for dismissal on the grounds of freedom of religion portraying the family's actions as based on their religious beliefs and a belief in spiritual healing. attorneys for rose marks and other family members joined the request. defense lawyers contended that the prosecution of the family was the most recent example of long-running persecution of the romani people rooted in a lack of understanding of their culture and bias against them.