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MERRILL LYNCH FUTURES, INC. v. MILLER

No. 84 Civ. 2406 (CSH).

686 F.Supp. 1033 (1988)

MERRILL LYNCH FUTURES, INC., Plaintiff, v. J. Mark MILLER, Defendant.

United States District Court, S.D. New York.

May 6, 1988.

Attorney(s) appearing for the Case

E. Michael Bradley, Brown & Wood, New York City, for plaintiff.

James D. Veach, Mound, Cotton & Wollan, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an action brought under the Commodity Exchange Act, 7 U.S.C. § 1 et seq., and state law1 alleging, inter alia, that defendant J. Mark Miller, in conjunction with several others, schemed to defraud plaintiff Merrill Lynch Futures, Inc. ("MLF"). The scheme alleged involved futures trades which I have previously described as "fictitious in execution...

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