COMMODITY FUTURES TRADING v. HANOVER TRADING CORP.

No. 98 Civ. 1365(LAK).

34 F.Supp.2d 203 (1999)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. HANOVER TRADING CORP., et al., Defendants, and The Person known as "Jeffrey Roberts," et al., Relief Defendants.

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

February 2, 1999.


Attorney(s) appearing for the Case

David Berry, Lawrence H. Norton, Division of Enforcement, Commodity Futures Trading Commission, for Plaintiff.

Paul W. Verner, Verner Simon & Rocha, LLP, New York City, for Defendants.


MEMORANDUM OPINION

KAPLAN, District Judge.

This case involves an allegedly fraudulent commodity operation, Hanover Trading Corporation ("Hanover") and presents a significant issue regarding the propriety of ordering disgorgement by a so-called "relief defendant" — one who is not charged with wrongdoing — of money allegedly traceable to the alleged wrongdoers.

Facts

The complaint in this case contains three causes of...

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