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COMMODITY FUTURES TRADING COMM'N v. EOX HOLDINGS

No. 22-20622.

90 F.4th 439 (2024)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. EOX HOLDINGS, L.L.C.; Andrew Gizienski, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED January 8, 2024.

Attorney(s) appearing for the Case

Raagnee Beri (argued), Anne Whitford Stukes , Deputy General Counsel, U.S. Commodity Futures Trading Commission, Office of General Counsel, Washington, DC, Joseph Konizeski , U.S. Commodity Futures Trading Commission, Division of Enforcement, Chicago, IL, for Plaintiff-Appellee.

Constantine John Gekas (argued), Gekas Law Limited, Chicago, IL, Joe F. Wright , Prospect, KY, for Defendant-Appellant EOX Holdings, L.L.C.

Constantine John Gekas (argued), Gekas Law Limited, Chicago, IL, for Defendant-Appellant Andrew Gizienski.

Before Jones, Stewart, and Duncan, Circuit Judges.

EOX Holdings, LLC, and Andrew Gizienski ("Defendants") appeal from adverse judgments in a novel civil liability suit filed by the Commodity Futures Trading Commission ("CFTC") pursuant to 17 C.F.R. § 155.4(b)(2)(i), a regulation that prevents commodities traders from "taking the other side of orders" without clients...

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