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MBH COMMODITY ADVISORS, INC. v. CFTC

No. 00-1957.

250 F.3d 1052 (2001)

MBH COMMODITY ADVISORS, INC. and Jacob Bernstein, Petitioners, v. COMMODITY FUTURES TRADING COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 2001.

Attorney(s) appearing for the Case

Patrick G. King (argued), Neal, Gerber & Eisenberg, Chicago, IL, for petitioners.

William S. Liebman (argued), Daniel Waldman, Commodity Futures Trading Commission, Office of the Attorney General Counsel, Washington, DC, Susan A. Berowitz, Commodity Futures Trading Commission, Chicago, IL, for respondent.

Before CUDAHY, KANNE, and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

The National Futures Association (NFA) imposed sanctions on Jacob Bernstein and MBH Commodity Advisors, Inc. (MBH) in connection with an infomercial and web site on which both appeared. Following an unsuccessful appeal to the NFA Appeals Committee, Bernstein and MBH brought their case to the Commodity Futures Trading Commission (CFTC or Commission), which summarily affirmed the NFA Appeals Committee. Bernstein and MBH now appeal to this court...

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