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COMMODITY FUTURES v. WILSHIRE INV. MANAGEMENT

No. 06-14269.

531 F.3d 1339 (2008)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. WILSHIRE INVESTMENT MANAGEMENT CORPORATION, National Commodities Corporation, Inc., Andrew Alan Wilshire, Eric Scott Malcolmson, James Joseph Russo, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 26, 2008.

Attorney(s) appearing for the Case

Christopher John King, R. Lawrence Bonner, Francisco O. Sanchez, Homer & Bonner, P.A., Miami, FL, for Defendants-Appellants.

C. Maria Godel, Commodity Futures Trading Com'n, Washington, DC, for Plaintiff-Appellee.

Mark R. Freeman, Joshua Waldman, Scott R. McIntosh, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Amicus Curiae, U.S.

Before EDMONDSON, Chief Judge, DUBINA, Circuit Judge, and STORY, District Judge.

DUBINA, Circuit Judge:

Appellants Andrew Alan Wilshire ("Wilshire"), Eric Scott Malcolmson ("Malcolmson"), James Joseph Russo ("Russo"), Wilshire Investment Management Corporation ("WIM"), and National Commodities Corporation, Inc. ("NCCI") appeal the district court's award of restitution and civil penalties and issuance of a permanent injunction resulting from violations of the Commodity Exchange Act ("CEA"). Appellants contend that the district court erred in awarding...

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