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COMMODITY FUTURES TRADING COM'N v. ERSKINE

No. 06-3896.

512 F.3d 309 (2008)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. Ross ERSKINE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Martin B. White, Commodity Futures Trading Commission, Washington, D.C., for Appellant. Brent L. English, Law Office of Brent L. English, Cleveland, Ohio, for Appellees. ON BRIEF: Nancy R. Page, Commodity Futures Trading Commission, Washington, D.C., for Appellant. Brent L. English, Law Office of Brent L. English, Cleveland, Ohio, for Appellees.

Before: BATCHELDER and DAUGHTREY, Circuit Judges; ACKERMAN, District Judge.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The Commodities Futures Trading Commission (CFTC) sued Ross Erskine and his company, Goros, LLC, (collectively "Goros") in federal court, alleging that Goros had misrepresented facts and omitted pertinent information when soliciting customers to trade in foreign currency, which violated the Commodity Exchange Act (CEA), 7 U.S.C. §§ 1-27. As a jurisdictional predicate, the CFTC alleged that the trades...

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