HIRSCHBERG v. COMMODITY FUTURES TRADING

No. 04-2573.

414 F.3d 679 (2005)

Judd B. HIRSCHBERG, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 2005.


Attorney(s) appearing for the Case

Brent D. Stratton (argued), McGuirewoods, Chicago, IL, for Petitioner.

Glynn L. Mays, Martin B. White (argued), Commodity Futures Trading Commission, Office of the General Counsel, Washington, DC, for Respondent.

Michael J. Daley, Nisen & Elliott, Chicago, IL, for Party-in-Interest.

Before BAUER, POSNER, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Judd Hirschberg's floor broker registration was revoked after he was convicted of mail fraud in 1991. In 2000, he received a presidential pardon for that conviction, but the Commodity Futures Trading Commission ("CFTC") nevertheless denied his post-pardon application for floor broker registration. Because a pardon does not eliminate the legal determination that Hirschberg was guilty of the crime of which he was convicted, and the crime was

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