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COMMODITY FUTURES TRADING COM'N v. TOPWORTH INT'L

Nos. 97-56590, 98-55673.

205 F.3d 1107 (1999)

COMMODITY FUTURES TRADING COMMISSION; The Commissioner of Corporations of The State of California, Plaintiffs, and Neil Advani, aka, Anil Advani, Intervenor-Appellant, v. TOPWORTH INTERNATIONAL, LTD, aka, Seal A; Lida International Financial Data, Inc., aka, Seal B; Worth Financial Data, Inc., aka, Seal C, Defendants-Appellees, v. Richard V. Hoegh, Receiver-Appellee. Commodity Futures Trading Commission; The Commissioner of Corporations of The State of California, aka, Seal 2, Plaintiffs, v. Topworth International, Ltd, aka, Seal B; Worth Financial Data, Inc., aka, Seal C; Fred A. Wong, Defendants-Appellants, v. Richard B. Hoegh, Receiver-Appellee, and Lida International Financial Data, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1999.

As Amended March 23, 2000.

Attorney(s) appearing for the Case

Stanley L. Friedman, Beverly Hills, California, for appellants Fred A. Wong, Topworth International Ltd. and World Noon.

Michael P. Barbee, Hughes, Hubbard & Reed, Los Angeles, California, for receiver-appellee Richard V. Hoegh.

Victor J. Daniels, Los Angeles, California, for the Intervenor-Appellant Neil Advani, aka Anil Advani.

Before: BOOCHEVER, O'SCANNLAIN and TASHIMA, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Commodities Futures Trading Commission brought suit against Topworth International, Inc., and two related companies for violations of the Commodities Exchange Act. Topworth defaulted, and the district court entered an order permanently enjoining Topworth from continuing operation, and requiring Topworth to disgorge the money obtained in violation of the Act. The district court appointed a permanent receiver, who filed a plan distributing...

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