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COMMODITY FUTURES TRADING v. AVCO FINANCIAL CORP.

No. 97 CIV. 3119 (JFK).

28 F.Supp.2d 104 (1998)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. AVCO FINANCIAL CORP., Anthony Vartuli and J. Michael Gent, Defendants.

United States District Court, S.D. New York.

June 29, 1998.

Attorney(s) appearing for the Case

Regional Counsel Ernesto Marrero, Jr., Division of Enforcement, Commodity Futures Trading Commission, New York City (Karl D. Cooper, Beth R. Morgenstern, Kathryn Kwak, Andrew Cunningham, of counsel), for Plaintiff Commodity Futures Trading Commission.

Schoeman, Marsh & Updike, LLP, New York City (Michael E. Schoeman, David Black, of counsel) for Defendants Anthony Vartuli and J. Michael Gent.

FINDINGS of FACT and CONCLUSIONS of LAW

KEENAN, District Judge.

The Parties

Plaintiff Commodity Futures Trading Commission ("the Commission") is an independent federal regulatory agency which is charged with the responsibility for administering and enforcing the provisions of the Commodity Exchange Act, 7 U.S.C, §§ 1 et seq. (1994), and the regulations promulgated thereunder, 17 C.F.R. §§ 1.1 et seq. (1997). Under...

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