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U.S. Commodity Futures Trading Commission v. Peregrine Financial Group, Inc. et al

MEMORANDUM

23 Cited authorities

  1. Com. Futures Trad. v. R.J. Fitzgerald Co.

    310 F.3d 1321 (11th Cir. 2002)   Cited 104 times
    Holding that scienter is met when a defendant's conduct "involves highly unreasonable omissions or misrepresentations that ... present a danger of misleading [customers] which is either known to the Defendant or so obvious that Defendant must have been aware of it"

  2. Commodity Futures Trading Com'n v. Hunt

    591 F.2d 1211 (7th Cir. 1979)   Cited 159 times
    Holding that Porter authorized disgorgement under the Commodity Exchange Act

  3. Lake Shore v. Commod. Futures

    511 F.3d 762 (7th Cir. 2007)   Cited 61 times
    Applying Rule 65(d)

  4. JCC, Inc. v. Commodity Futures Trading Commission

    63 F.3d 1557 (11th Cir. 1995)   Cited 59 times
    Finding that violations of the CEA committed "knowingly and repeatedly" do not serve to mitigate a defendant's culpability

  5. Commodity Futures Trading v. Noble Wealth Data

    90 F. Supp. 2d 676 (D. Md. 2000)   Cited 39 times
    Finding that defendants misappropriated customer funds by diverting such funds for operating expenses and personal use, in violation of Section 4b, of the Act (the predecessor to 4b(A), (C) of the Act)

  6. F. T. C. v. Southwest Sunsites, Inc.

    665 F.2d 711 (5th Cir. 1982)   Cited 56 times
    Concluding that "a grant of jurisdiction such as that contained in Section 13(b) carries with it the authorization for the district court to exercise the full range of equitable remedies traditionally available to it" and holding that § 13(b) "contains no express limitations on the otherwise full powers of the district court to mold appropriate decrees under its traditional equitable jurisdiction"

  7. Slusser v. Commodity Futures Trading Comm

    210 F.3d 783 (7th Cir. 2000)   Cited 24 times   1 Legal Analyses
    Suggesting that the actions proscribed by § 6b “may be condemned ... without proof of reliance”

  8. C.F.T.C. v. Lake Shore

    496 F.3d 769 (7th Cir. 2007)   Cited 11 times   1 Legal Analyses

    No. 07-2790. Submitted August 1, 2007. Decided August 2, 2007. Appeal from the United States District Court for the Northern District of Illinois, Blanche M. Manning, J. Martin B. White, Commodity Futures Trading Commission Office of the General Counsel, Washington, DC, Diane Romaniuk, Commodity Futures Trading Commission, Chicago, IL, for Plaintiff-Appellee. William J. Nissen, Sidley Austin, Chicago, IL, for Defendant-Appellant. Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges

  9. Katz v. S.E.C

    647 F.3d 1156 (D.C. Cir. 2011)   Cited 3 times

    No. 10–1068. 2011-08-5 Janet Gurley KATZ, Petitionerv.SECURITIES and EXCHANGE COMMISSION, Respondent. On Petition for Review of an Order of the Securities & Exchange Commission.Richard C. Fooshee argued the cause and filed the briefs for petitioner.Benjamin L. Schiffrin, Senior Counsel, Securities and Exchange Commission, argued the cause for respondent. With him on the brief were David M. Becker, General Counsel, Michael A. Conley, Deputy Solicitor, and John Avery, Senior Litigation Counsel. Before:

  10. Commodity Futures Trading Com'n v. Skorupskas

    605 F. Supp. 923 (E.D. Mich. 1985)   Cited 28 times
    Holding that defendant violated Section 4b when she misappropriated customer funds by soliciting funds for trading and then trading only a small percentage of those funds, while disbursing the rest of the funds to investors, herself, and her family

  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,519 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  12. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,354 times   303 Legal Analyses
    Making false statements

  13. Section 1 - Short title

    7 U.S.C. § 1   Cited 943 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

  14. Section 13a-1 - Enjoining or restraining violations

    7 U.S.C. § 13a-1   Cited 421 times   3 Legal Analyses
    Authorizing district courts, instead of the Commission, to impose "a civil penalty in the amount of not more than the greater of $100,000 or triple the monetary gain to the person for each violation"

  15. Section 9 - Prohibition regarding manipulation and false information

    7 U.S.C. § 9   Cited 301 times   75 Legal Analyses
    Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"

  16. Section 13c - Responsibility as principal; minor violations

    7 U.S.C. § 13c   Cited 166 times   4 Legal Analyses
    Aiding and abetting

  17. Section 6d - Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts

    7 U.S.C. § 6d   Cited 124 times   13 Legal Analyses
    Prohibiting depository institutions from treating customer assets “as belonging to the depositing futures commission merchant or any person other than the customers of such futures commission merchant”

  18. Section 1.1 - Reserved

    17 C.F.R. § 1.1   Cited 107 times

    17 C.F.R. §1.1

  19. Section 1.20 - Futures customer funds to be segregated and separately accounted for

    17 C.F.R. § 1.20   Cited 17 times
    Requiring the FCM to keep the customer's money in a segregated account and to account for each customer's monies

  20. Section 1.10 - Financial reports of futures commission merchants and introducing brokers

    17 C.F.R. § 1.10   Cited 8 times

    (a)Application for registration. (1) Except as otherwise provided, a futures commission merchant or an applicant for registration as a futures commission merchant, in order to satisfy any requirement in this part that it file a Form 1-FR, must file a Form 1-FR-FCM, and any reference in this part to Form 1-FR with respect to a futures commission merchant or applicant therefor shall be deemed to be a reference to Form 1-FR-FCM. Except as otherwise provided, an introducing broker or an applicant for

  21. Section 1.26 - Deposit of instruments purchased with futures customer funds

    17 C.F.R. § 1.26   Cited 2 times

    (a) Each futures commission merchant who invests futures customer funds in instruments described in § 1.25 , except for investments in money market mutual funds, shall separately account for such instruments as futures customer funds and segregate such instruments as funds belonging to such futures customers in accordance with the requirements of § 1.20 . Each derivatives clearing organization which invests money belonging or accruing to futures customers of its clearing members in instruments described

  22. Section 1.32 - Reporting of segregated account computation and details regarding the holding of futures customer funds

    17 C.F.R. § 1.32   Cited 2 times

    (a) Each futures commission merchant must compute as of the close of each business day, on a currency-by-currency basis: (1) The total amount of futures customer funds on deposit in segregated accounts on behalf of futures customers; (2) The amount of such futures customer funds required by the Act and these regulations to be on deposit in segregated accounts on behalf of such futures customers; and (3) The amount of the futures commission merchant's residual interest in such futures customer funds