iStock/Marilyn Nieves(LOS ANGELES) — Lori Loughlin and her husband, fashion designer Mossimo Giannulli, were back in court on Tuesday, this time to inform the judge they’ll retain joint representation and waive their right to separate counsel in the college admissions scandal.

The judge warned the two that the decision could create a conflict, should a disagreement in defense strategy between them arise, but joint defense attorney William Trach from Latham & Watkins assuring the court that Loughlin and Giannulli have both retained separate co-counsel that are full members of the team and to whom they can turn should any conflicts arise with Latham.

The judge also wanted to make sure the couple understood the risks they’ll face by retaining a firm that represented the University of Southern California in a recently settled real estate case, and who the government alleges is a victim of this conspiracy.  The judge warned there could come a time when USC raises direct litigation against Loughlin and Giannulli.

Despite counsel’s claims that they’ve established methods to keep these cases separate, the judge believes it is still a “serious risk,” and will re-examine this issue within the next few days and decide whether or not to accept the waiver to the conflict.

The former Fuller House star, along with her husband and others, including actress Felicity Huffman, were indicted in March for their alleged part in a massive college entrance scam in which wealthy parents paid money to Rick Singer in exchange for Singer gaining their children admission to elite universities by bribing school officials, fraudulently inflating admissions test scores and falsifying application details.  Loughlin was later hit with additional charges, including a count of conspiracy to commit money laundering.

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