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COMMODITY FUTURES TRADING v. WHITE PINE TRUST

No. 07-56629.

574 F.3d 1219 (2009)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. WHITE PINE TRUST CORPORATION, a California Corporation; Richard Matthews, Defendants, and Stephan Baere, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2009.

Attorney(s) appearing for the Case

Dirk T. Metzger, Esq., San Diego, CA, argued the cause for appellant and filed briefs.

Nancy R. Page, Assistant General Counsel, Commodity Futures Trading Commission, Washington, D.C., argued the cause for appellee and filed briefs; Terry S. Arbit, General Counsel, and Bradford M. Berry, Deputy General Counsel, Commodity Futures Trading Commission, Washington, D.C., were also on the briefs.

Before: DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and KIM McLANE WARDLAW, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Commodities Futures Trading Commission has jurisdiction over certain activities involving foreign currency.

I

In 2000, Richard R. Matthews, Jr., formed White Pine Trust Corporation ("White Pine") as a holding company for investment funds, including the Pinnacle Capital Fund ("Pinnacle").1 Investors in Pinnacle were told that they had accounts representing investments...

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