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CFTC v. WELLINGTON PRECIOUS METALS, INC.

No. 90-5726.

950 F.2d 1525 (1992)

COMMODITY FUTURES TRADING COMMISSION and the State of Florida, Plaintiffs-Appellees, v. WELLINGTON PRECIOUS METALS, INC., et al., Defendants, Daniel Weiss, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 14, 1992.

Attorney(s) appearing for the Case

Kenneth M. Swartz, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Susan M. Milligan, Victor L. Reid, Washington, D.C., for CFTC.

Gary L. Printy, Asst. Gen. Counsel, Dept. of Banking & Finance, Legal Section, Tallahassee, Fla., for State of Fla.

Before FAY and HATCHETT, Circuit Judges and HILL, Senior Circuit Judge.

PER CURIAM:

Appellant, Daniel Weiss, was found guilty, in a civil proceeding, of fraudulent sales of securities through a rather large "boiler room" operation. As a result of that trial, he was ordered to disgorge $2.8 million. Upon failure to make any payments whatsoever, Weiss was found in contempt and ordered to pay five percent of the sum or face incarceration. Again Weiss paid nothing and was confined. Several months later, Weiss filed a motion with the district...

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