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COMMODITY FUTURES TRADING COM'N v. VARTULI

Docket Nos. 98-6280, 98-6281.

228 F.3d 94 (2000)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee-Cross-Appellant, v. Anthony VARTULI, Defendant-Appellant-Cross-Appellee, AVCO Financial Corp., J. Michael Gent, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2000

Attorney(s) appearing for the Case

Michael E. Schoeman, Schoeman, Marsh & Updike, LLP, New York, N.Y. (David Black, of counsel), for Defendant-Appellant-Cross-Appellee Anthony Vartuli,

Martin B. White, Commodities Futures Trading Commission (Daniel R. Waldman, General Counsel, J. Douglas Richards, Deputy General Counsel), for Plaintiff-Appellee-Cross-Appellant Commodity Futures Trading Commission.

Before: VAN GRAAFEILAND, CALABRESI and SACK, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge, concurs in Parts I and IV and concurs in the result as to Parts II and III.

SACK, Circuit Judge:

The Commodity Futures Trading Commission (the "Commission" or the "CFTC"), an independent federal regulatory agency charged with the administration and enforcement of the Commodity Exchange Act, 7 U.S.C. §§ 1.1 et seq. (the "CEA"), and the regulations promulgated thereunder, 17 C.F.R. §§ 1.1 et seq....

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