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COMMODITY FUTURES TRADING COM'N. v. BARAGOSH

No. 00-1488.

278 F.3d 319 (2002)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. Esfand BARAGOSH, a/k/a Esfandiar Baragosh, Defendant-Appellant, and Noble Wealth Data Information Services, Incorporated, a/k/a Noble Wealth, Incorporated, a/k/a Nobel Wealth, Incorporated; International Advanced Investment(s), Incorporated; Noble Wealth Development, Ltd.; Bull & Bears, Ltd., a/k/a Bull & Bears International Investment, Ltd.; Currex International Corporation, Defendants, v. EBC Fulton Enterprises, Incorporated; Ralph S. Tyler, Parties in Interest.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 2002.

Attorney(s) appearing for the Case

ARGUED: Matthew G. Kaiser, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant. C. Maria Dill Godel, Office of the General, Commodity Futures Trading Commission, Washington, D.C., for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Wendy M. Marantz, Supervising Attorney, Rita Graham, Student, Darren P. Nicholson, Student, Erin Roth Bohannon, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant. Kirk T. Manhardt, Deputy General, Office of the General, Commodity Futures Trading Commission, Washington, D.C., for Appellee.

Before WILKINSON, Chief Judge, and WILLIAMS and MOTZ, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON joined. Judge WILLIAMS wrote an opinion concurring in part and concurring in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

In 1998, the Commodity Futures Trading Commission filed a complaint alleging that Esfand Baragosh was a controlling person of Noble Wealth Data Information Services and several related companies...

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