Felicity Huffman, Lori Loughlin and her husband, Mossimo Giannull, were among the 50 people charged in the massive college admission scandal. Huffman allegedly paid William Singer $15,000 to boost her daughter Sofia’s SAT score. Yet, a shocking omission from that list is Huffman’s husband, William H. Macy.

The Shameless actor, who turned 69 on Wednesday, appeared in court for his wife’s hearing which posted bail at $250,000. Macy had his head down the whole time only lifting it to “raise his hand when asked by the judge whether he was in the courtroom, and to hand over his driver’s license and other ID for verification as part of the bail co-signing.

Macy wasn’t charged with anything despite numerous references to him in the affidavit. He was identified as just “spouse” in the document.

According to the affidavit, Macy discussed via telephone plans of executing the same scheme they did for Sofia on their younger daughter Georgia, but ultimately declined a second cheating attempt.

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Macy was left out of the charge because there wasn’t enough evidence linking him to the crime. His wife took more of an active role according to prosecutors.

Criminal attorney Murray Richman said, “If there’s no active participation in the wrongdoing, the spouse will not be charged. Mere knowledge, even with the presence, does not constitute criminal conduct. They will not be charged if it’s mere allegations unsubstantiated with significant proof.”

The Desperate Housewives actress is barred from traveling outside the continental U.S., and has another court appearance on March 29 in Boston, Massachusetts.