COMMODITY FUTURES TRADING COM'N v. WALSH

Docket Nos. 09-3742-cv, 09-3787-cv.

658 F.3d 194 (2011)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. Stephen WALSH, Paul Greenwood, Westridge Capital Management, Inc., WG Trading Investors, L.P., WGIA, L.L.C., Westridge Capital Management Enhancement Funds, WG Trading Company L.P., WGI L.L.C., K & L Investments, Defendants, Janet Walsh, Relief Defendant-Appellant. Securities and Exchange Commission, Plaintiff-Appellee, v. WG Trading Investors, L.P., WG Trading Company, Limited Partnership, Westridge Capital Management, Inc., Paul Greenwood, Stephen Walsh, Defendants, Robin Greenwood, Relief Defendant, Janet Walsh, Relief Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2011.

Questions Certified: August 13, 2010.

Certified Questions Answered: June 23, 2011.


Attorney(s) appearing for the Case

Steven L. Kessler ( Eric M. Wagner , on the brief), Law Offices of Steven L. Kessler, New York, NY, for Relief Defendant-Appellant Janet Walsh.

Nancy R. Doyle , Assistant General Counsel ( Jonathan L. Marcus , Deputy General Counsel, on the brief), for Dan M. Berkovitz , General Counsel, Commodity Futures Trading Commission, Washington, D.C., for Plaintiff-Appellee Commodity Futures Trading Commission.

Allan A. Capute ( Anne K. Small , Deputy General Counsel, and Jacob H. Stillman , Solicitor, on the brief), for Mark D. Cahn , General Counsel, Securities and Exchange Commission, Washington, D.C., for Plaintiff-Appellee Securities and Exchange Commission.

Before: RAGGI, LYNCH, and WALLACE, Circuit Judges.


PER CURIAM:

This case, which arises out of the attempts of two federal agencies to disgorge funds from Janet Schaberg,1 the ex-wife of alleged Ponzi-scheme artist Stephen Walsh, see CFTC v. Walsh, 618 F.3d 218 (2d Cir.2010) ("Walsh I"), returns to us following certification of questions to the New York Court of Appeals. The district court granted preliminary injunctions to the Commodity Futures...

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