COMMODITY FUTURES TRADING COMMISSION v. COMMERCIAL HEDGE

No. 4:04CV3184.

422 F.Supp.2d 1057 (2006)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. COMMERCIAL HEDGE SERVICES, INC., d/b/a Prime Trading Company, Prime Trading Company, Inc., Lawrence Joseph Volf, PT Holdings, Inc., d/b/a Prime Trading, Sherman County Management, Inc., and Sherman County Bank, Defendants.

United States District Court, D. Nebraska.

March 30, 2006.


Attorney(s) appearing for the Case

Jan M. Folena, Michael J. Otten, U.S. Commodity Futures Trading Commission, Washington, DC, for Plaintiff.

Bruce A. Smith, Edward H. Tricker, Woods, Aitken Law Firm, Lincoln, NE, Gretchen L. Twohig, Thomas E. Johnson, Baird, Holm Law Firm, Omaha, NE, for Defendants.


MEMORANDUM AND ORDER

KOPF, District Judge.

Because the Commodity Futures Trading Commission (the Commission) is not barred from seeking restitution from the defendants even though some of the private victims may have entered into settlement agreements with the defendants and received money as a result, I deny the defendants' motions for summary judgment. Briefly, I explain the reasoning for my decision next.

I. BACKGROUND

The Commission...

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