An attorney for We Build the Wall Inc. told the U.S. Court of Appeals for the Second Circuit that his client was effectively broke, as the company sought to undo a district court order blocking it from accessing $1.4 million in funds while its leaders were under federal indictment.

Attorney Justin Weddle, who represents We Build the Wall and its general counsel Kris Kobach, told a three-judge panel of the Manhattan-based appeals court that the group had “expended none of its money” since last August, when leaders, including founder Brian Kolfage, were charged with conspiring to defraud investors into a private effort to build a wall on the U.S.-Mexico border.