The Seventh Circuit affirmed, stating that Monex was … MONEX You can also use our search box above to quickly search for the page or resource you are looking for. The California district judge refused to allow the commission’s lawsuit against Monex to proceed. Decided July 25, 2019). Cryptocurrency exchanges should vigilantly monitor the Appeals Court decision. 2019). While the CFTC considered whether and how to revise its proposed guidance on the meaning of actual delivery, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in the appeal of a significant case concerning actual delivery, albeit outside the context of virtual currencies. July 25, 2019), the Ninth Circuit Court of Appeals shed some light on this question. Monex Deposit Company’s argument was rejected by the 9th Circuit Court of Appeals last year, a decision now final given the Supreme Court’s determination. 2019). The Ninth Circuit Court of Appeals recently addressed this point in CFTC v. Monex Credit Company , No. Below Argument Opinion Vote Author Term; 19-933: 9th Cir. Commodity Futures Trading Comm’n v. Monex Credit Co., No. One ALJ found that Monex violated CFTC Regulation 31.23, 17 C.F.R. Op. On or about May 24, … 12 These allegations are summarized from the Background section of the Ninth Circuit's decision. In the Monex case, the CFTC alleged that Monex has two businesses involving precious metals. CFTC v. Monex Credit Co. 18-55815 Decided: July 25, 2019 Before: Siler Findlaw is currently processing this opinion. The Monex decision (1) clarifies what constitutes “actual delivery” of a precious metal (i.e., a commodity), and (2) … --Editing by Peter Rozovsky. The Monex decision — which is in the minority with respect to the scope of the CFTC’s anti-fraud authority — is currently on appeal to the Ninth Circuit. Not only is this outcome a victory for the victims of this fraudulent scheme—who were in many cases elderly Americans who lost their life savings—it reinforces the broad anti-fraud authority Congress gave our agency under the Dodd-Frank Act,” said CFTC Chairman Heath P. Tarbert. Customers can report suspicious activities or information, such as possible violations of commodity trading laws, to the CFTC Division of Enforcement via a Toll-Free Hotline 866-FON-CFTC (866-366-2382) or file a tip or complaint online. 2019). Ninth Circuit Rules for CFTC in Fraud Case Against Monex July 29, 2019 By Commodity Futures Trading Commission …. The decision reverses a March 2018 ruling by the district court, which dismissed the case based on its holding that the CFTC lacked authority over the alleged fraud because defendants make “actual delivery” of precious metal to customers. Recent Decision Permits CFTC to Bring Enforcement Actions Involving Fraud Without Also Alleging Manipulation, and May Open the Door for a Stand-Alone Manipulation Claim Willkie Farr & Gallagher LLP | willkie.com 2 Congress added CEA Section 6(c)(1) as part of the Dodd-Frank Act of 2010. [See CFTC Press Release No. Monex appealed, seeking their return and an injunction to prevent the CFTC from using them in any enforcement proceeding. Monex has been a large precious metals dealer for years. In the meantime, you can access a copy of the opinion here. Monex Deposit Company v. Commodity Futures Trading Commission Petition for certiorari denied on June 29, 2020 Docket No. United States Court of Appeals for the Ninth Circuit 1,256 views. Decided July 25, 2019). The Ninth Circuit reversed both rulings. A unanimous panel held that the term “actual delivery” under the Act “unambiguously requires the transfer of some degree of possession or control” to customers, and as alleged in the complaint, the defendants’ delivery of metal to its customers “amounts to sham delivery, not actual delivery.”  The Ninth Circuit further ruled that the Act prohibits fraud regardless of whether there has also been market manipulation, and that the Commission can take appropriate enforcement action when such fraud occurs. But what constitutes “actual delivery” remains a question. We look forward to resuming this enforcement action in the district court.”. Monex has been a large precious metals … This case revolves around Monex’ – a precious metal … Regulation of cryptocurrency, also … United States Court of Appeals for the Ninth Circuit 13,022 views. United States Court of Appeals,Ninth Circuit. Decided July 25, 2019). 18-55815 (9th Cir. August 1, 2019 CFTC Monex Deposit Company Ninth Circuit Rules Washington, DC – On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement … The district court also held that the Commodity Exchange Act (Act) does not prohibit fraud in connection with a contract of sale of a commodity in interstate commerce unless the defendant has also attempted to commit market manipulation. On Thursday, July 25, the United States Court of Appeals for the Ninth … Below Argument Opinion Vote Author Term 19-933 9th Cir. 1:08:18. Case opinion for US 9th Circuit MONEX INTERNATIONAL LTD v. COMMODITY FUTURES TRADING COMMISSION. See CFTC v. Monex Credit Co., 931 F.3d 966 (9th Cir. and on your right you will see useful resources that could help you find your page. 94-70330 (9th Cir. The CFTC Office of General Counsel staff members responsible for the appeal are Robert A. Schwartz and Anne Stukes. 1:31:36. Support FLP . Monex International Ltd. ("Monex") seeks review of an order issued by the Commodity Futures Trading Commission ("CFTC" or "the Commission") in a reparations proceeding. Monex Int'l, Ltd. v. CFTC, 83 F.3d 1130 (9th Cir. The Commission affirmed two decisions made by Administrative Law Judges ("ALJ"). Since at least 2011 the firm has operated what it calls the Atlas Program. SACV 17-01868 JVS (DFMx) (May 1, 2018). Respondent Monex appealed this decision to the United States Court of Appeals for the Ninth Circuit, which affirmed our order. The panel held that the actual delivery … The Ninth Circuit rejected Monex’s other arguments that the CFTC lacked enforcement authority to bring claims under the new provisions created by the Dodd-Frank Act and that an unbounded antifraud … The CFTC Office of General Counsel also thanks the Division of Market Oversight for its assistance. Under this program a customer opens an account and can take a position in one or more precious metals. “This should put to rest any … The appellate panel disagreed with Monex’s proposed interpretations of the two letters and the two words and sent the case back to the district court to proceed to discovery. Washington, DC – On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against Monex Deposit Company and its affiliated companies and principals (defendants). Aug. 9, 1996).) 18-55815 (9th Cir. It looks like the page you are looking for has either being moved or no longer exists. In their brief to the Ninth Circuit Monex has claimed that “The CFTC’s violence to the fundamental structure of CEA and its history,” … On June 29, 2020, the United States Supreme Court denied Monex Deposit Company’s petition for a writ of certiorari in the case of Monex Deposit Company versus the Commodity Futures Trading Commission. The Ninth Circuit Court of Appeals recently addressed this point in CFTC v. Monex Credit Company, No. 18-55815 (9th Cir. 13 The Ninth Circuit reversed the district court's determination regarding the agency's authority under the antifraud provision of the CEA, finding that the CFTC has authority to bring standalone fraud claims. 1996).) Docket for CFTC v. Monex Credit Co., 18-55815 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. 17-1868 (USDC, CDCA, May 1, 2018) on appeal to the 9th Circuit Court of Appeals, Case No. Ninth Circuit Sides with CFTC on Scope of Anti-Manipulation Authority . Monex Credit Co., Case No. Since at least 2011 the firm has operated what it calls the Atlas Program. Recent Decision … SACV 17-01868 JVS (May 1, 2018). … 2019). The Ninth Circuit reversed the district court's dismissal of the Commission's enforcement action against Monex for alleged fraud in precious metals sales. Monex has been a large precious metals dealer for years. By Michael Brooks, Robert Pease, and Ryan Eletto A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit recently issued a decision that revives claims by the Commodity Futures Trading Commission (CFTC) that Monex Deposit Company and two affiliates (Monex) violated the Commodity Exchange … A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit recently issued a decision that revives claims by the Commodity Futures Trading Commission (CFTC) that Monex … 2019) and earlier Court orders. The CFTC complaint charges the defendants with defrauding thousands of retail customers nationwide out of hundreds of millions of dollars, while executing thousands of illegal, off-exchange leveraged commodity transactions. See CFTC v. Monex Credit Co., 931 F.3d 966 (9th Cir. Decided July 25, 2019). The Ninth Circuit Court of Appeals recently addressed this point in CFTC v. Monex Credit Company , No. On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v.Monex Credit Co., 1 interpreting the CFTC’s Dodd-Frank enforcement authority under Commodity Exchange Act (CEA) Section 6(c)(1) and CFTC Rule 180.1(a) to extend to cases of fraud. 12 These allegations are summarized from the Background section of the Ninth Circuit's decision. Circuit found that the CFTC could enforce Section 4b’s anti-fraud provision against the defendants. In a 3-0 ruling, the court on July … But then the Ninth Circuit Court of Appeals deferred to the CFTC’s strained interpretation of “actual delivery” and allowed the enforcement action to move forward. On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v.Monex Credit Co., 1 interpreting the CFTC’s Dodd-Frank enforcement … U.S. Commodity Futures Trading Commission v. Monex Credit Co., No. sales. However, the 9th Circuit Court of Appeals decision could drastically alter this extension of the Monex lower court ruling. 11-17484 State of Arizona v ASARCO LLC - Duration: 1:14:15. Monex tells its customers that leveraged precious … While the opinion is expressly limited to leveraged retail commodity transactions, the CFTC is likely to … “This should put to rest any question of the CFTC’s authority to redress fraud in commodity markets,” said Robert A. Schwartz, the CFTC’s deputy general counsel for litigation, in a press release . But then the Ninth Circuit Court of Appeals deferred to the CFTC’s strained interpretation of “actual delivery” and allowed the enforcement action to move forward. One ALJ found that Monex violated CFTC Regulation 31.23, 17 C.F.R. The Ninth Circuit Court of Appeals recently addressed this point in CFTC v. Monex Credit Company, No. The Monex decision — which is in the minority with respect to the scope of the CFTC’s anti-fraud authority — is currently on appeal to the Ninth Circuit. Decided July 25, 2019). The case is U.S. Commodity Futures Trading Commission v. Monex Credit Co. et al., case number 18-55815 , in the U.S. Court of Appeals for the Ninth Circuit . 18-55815 (9 th Cir. According to Monex, DoddFrank extended the - CFTC’s power only to fraubased manipulation claims, so d-stand-alone fraud claims—without allegations of manipulation—fail as a matter of law. By Commodity Futures Trading Commission …… On Thursday, July 25, the United States Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against Monex … MSLF filed an amicus curiae brief in February 2020 supporting Monex’s The U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against Monex Deposit Company and its affiliated companies and principals (defendants). The petition was filed with the Supreme Court after the Ninth Circuit Court’s July 2019 decision to overturn a District Court’s Order allowing Monex’s Motion to Dismiss. So begins the Ninth Circuit Court of Appeals’ opinion issued today in a long-awaited decision in the CFTC’s appeal of the district court’s dismissal of its case against Monex. (Monex Int'l, Ltd. v. CFTC, No. Monex International Ltd. (“Monex”) seeks review of an order issued by the Commodity Futures Trading Commission (“CFTC” or “the Commission”) in a reparations proceeding. Docket No. Not only that, Monex … In a recent case CFTC v Monex Credit, No. Please support our … 18-55814 (July 25, 2019) (“9thCircuit Decision”). 18-55815 (9th Cir.)(pending). 7609-17]. In May 2018, U.S. District Judge James V. Selna sided with Monex and tossed the suit. United States Ninth Circuit. 18-55815 (9th Cir. The Ninth Circuit held that the district court erred in dismissing the case, and ruled that the CFTC’s charges of fraud and illegal off-exchange commodity trading could proceed. 13 The Ninth Circuit reversed the district court's determination regarding the agency's authority under the antifraud provision of the CEA, finding that the CFTC has authority to bring standalone fraud claims. The Ninth Circuit held that the district court erred in dismissing the case, and ruled that the CFTCs charges of fraud and illegal off-exchange commodity trading could proceed. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit.We rely on donations for our financial security. 18-55815 (9 th Cir. Under this program a customer opens an account and can take a position in one or more precious metals. 3d 1173, 1177-78 (C.D. United States Court of Appeals for the Ninth Circuit Recommended for you 39:51 18-35514 ONDA v. USFS - Duration: 33:50. The 9thCircuit Decision overturned CFTC v. Monex, Case No. Securities, Commodities, Exchange case filed on June 20, 2018 in the U.S. Court of Appeals, Ninth Circuit The court of appeals denied complainant's application for failure to comply with Ninth Circuit Rule 28-2.3. The panel held that the actual delivery exception to the Commodity Exchange Act (CEA) was an … 1 This denial will eventually return the case to district court for further proceedings, potentially including a trial on the merits. The Ninth Circuit's decision last month in U.S. Commodity Futures Trading Commission v. Monex is consistent with the Commodity Exchange Act amendments' intention to … See While this decision was given in the context of precious metals, it could be relevant to the cryptocurrency industry as well. “This is the right result, and it is important for the CFTC’s continuing efforts to protect customers and fight fraud in commodity markets. The questions presented are: 1. Monex Deposit Company’s argument was rejected by the 9th Circuit Court of Appeals last year, a decision now final given the Supreme Court’s determination. The company is now seeking Supreme Court review of the case. The CFTC appealed, and the … “I congratulate our appellate and enforcement teams for their many months of hard work on this case. The Ninth Circuit Court of Appeals recently addressed this point in CFTC v. Monex Credit Company , No. The petition sought to overturn a July 2019 ruling by the 9th U.S. Whether 7 U.S.C. At stake are hundreds of millions of dollars.” So begins the Ninth Circuit Court of Appeals’ opinion issued today in a long-awaited decision … 13 The Ninth Circuit reversed the district court's determination regarding the agency's authority under the antifraud provision of the … CFTC vs Monex Lawsuit Appeal. Ninth Circuit reaffirms CFTC’s broad enforcement powers None of the full court’s judges requested a vote to rehear the matter, three circuit court judges said in an Oct. 3 order . 9a Monex’s Alleged Scheme and This Lawsuit The CFTC contends that Atlas is a scheme that has violated the CEA since at least July 2011. The Ninth Circuit decided CFTC v. Monex Credit Company on July 25, 2019. The Ninth Circuit concluded that the Dodd-Frank Act’s purpose was to give the CFTC broad remedial powers to ferret out and prohibit conduct that was deceptive and harmed consumers, even when that conduct did not result in market manipulation. “A two-letter conjunction and a two-word phrase decide this case. The district court dismissed the action, finding that the CFTC’s anti-fraud provision allowed it only to regulate conduct that was both deceptive and manipulative. Op. Justia Opinion Summary. 18-55815 (9th … CFTC’s Precious Metals Customer Fraud Advisory. SACV 17-01868 JVS (DFMx) (May 1, 2018). The following footage was recently taken in San Francisco at the US Court of Appeals for the Ninth Circuit. § 9, the Commodity Exchange Act’s “Prohibition Against Manipulation,” empowers CFTC to punish conduct that does . In its continuing litigation, the CFTC seeks disgorgement of ill-gotten gains, restitution for the benefit of defrauded customers, civil monetary penalties, permanent registration and trading bans, and a permanent injunction from future violations of federal commodities laws, as charged. Case opinion for US 9th Circuit CFTC v. Monex Credit Co.. Read the Court's full decision on FindLaw. The California district judge refused to allow the commission’s lawsuit against Monex to proceed. Circuit Court of Appeals, which revived the CFTC’s 2017 enforcement action. Monex won their case in the district court, but the Ninth Circuit reversed the decision. 2019) Annotate this Case. A Ninth Circuit panel reversed the district court’s dismissal of the CFTC’s enforcement action against Monex Credit Company, its affiliated companies, and its principals for alleged fraud in precious metals sales and remanded the matter further proceedings. The CFTC has issued several customer protection Fraud Advisories that provide the warning signs of fraud, including the Precious Metals Fraud Advisory, which alerts customers to precious metals fraud and lists simple ways to spot precious metals scams. The Ninth Circuit reversed the district court's dismissal of the Commission's enforcement action against Monex for alleged fraud in precious metals sales. Cal. 18-55815 (9th Cir. 7 CFTC v. Monex Credit Co., 311 F. Supp. We apologize for the inconvenience. CFTC v. Monex, No. N/A N/A N/A: N/A: OT 2019: Issues: (1) Whether 7 U.S.C. U.S. Court of Appeals for the Ninth Circuit: U.S. Commodity Futures Trading Comm’n v. Monex Credit Co., … Welcome to the Internet portal of the United States Courts for the Ninth Circuit. The 9th Circuit Decision overturned CFTC v. Monex, Case No. Monex Deposit Company v. Commodity Futures Trading Commission Petition for certiorari denied on June 29, 2020. On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v. Monex Credit Co., 1 interpreting the CFTC’s Dodd-Frank enforcement … “The CFTC will continue to stand up for everyday Americans who rely on the financial products we regulate.”, “We are very pleased with the Ninth Circuit’s decision,” said CFTC Deputy General Counsel for Litigation Robert A. Schwartz, who argued the case. Please take a moment and follow these tips: Central Violations Bureau - Federal Ticket, Requests to Use District Court Facilities, Link Your CM/ECF Account to Your PACER Account, Electronic Filing and Case Access for Attorneys, Electronic Filing and Case Access for People Without Lawyers, Hardware and Software Requirements for Electronic Filing, Problem with PDF documents created on Mac Operating Systems, Checking Status / Confirming Reporting Instructions, Direct Assignment of Civil Cases to Magistrate Judges Program, Pro Bono Limited-Scope Representation Pilot Program, Procedures for Recovering Out-of-Pocket Expenses, Policy for Reimbursement of Out-of-Pocket Expenses Incurred by Court-Appointed Pro Bono Counsel, On your left you can find the various sections of the Court which you can navigate to based on the type of information you are looking for, above you will see our Main Navigation where you can filter the sections and categories of our website. See CFTC v. Monex Credit Co., 931 F.3d 966 (9th Cir. more >> The Commission affirmed two decisions made by Administrative Law Judges (“ALJ”). The CFTC’s fence-testing in the Monex case is disquieting, to say the least. In it the U.S. Commodity Futures Trading Commission (CFTC) appeals the district court’s recent dismissal of its enforcement action against Monex Credit Company, alleging that Monex operated an illegally unregistered commodity trading platform. The Ninth Circuit rejected Monex's other arguments that the CFTC lacked enforcement authority to bring claims under the new provisions created by the Dodd-Frank Act and that an … 13-55374 Bruce Lisker v. City of Los Angeles - Duration: 34:35. factual background below is drawn upon the Ninth Circuit’s decision in CFTC v. 1 Monex Credit Co., 931 F.3d 966 (9th Cir. The MONEX Brief The folks over at Monex see things a bit differently. 18-55815 (9th Cir. Read the Court's full decision on FindLaw. The CFTC’s fence-testing in the Monex case is disquieting, to say the least. En Banc Court 11-10669 USA v. Barry Bonds - Duration: 1:08:18. Monex Credit Co., Case No. United States Court of Appeals for the Ninth Circuit Recommended … On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit reinstated its anti-fraud enforcement action against, Check Registration & Disciplinary History. On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v.Monex Credit Co., 1 interpreting the CFTC’s Dodd-Frank enforcement … Monex has been a … 2018), reversed, No. Monex is a dealer of precious metals that, as relevant to the CFTC’s allegations, offered a program through which customers could purchase precious metals on margin (i.e., the customer pays … On June 29, 2020, the US Supreme Court denied certiorari in the long-running Commodity Futures Trading Commission (“CFTC”) action against Monex Credit Company. Division of Enforcement staff members responsible for this action are Carlin Metzger, Bridget Weyls, Joseph Konizeski, Jon Kramer, Matthew Rowland, Jeffrey Gomberg, Scott Williamson, and former staff Michael Frisch, Eric Schleef, and Rosemary Hollinger. Ninth Circuit Rules in Favor of CFTC in Fraud Case Against Monex Deposit Company and its Principals Washington, DC – On Thursday, July 25, the U.S. Court of Appeals for the Ninth Circuit … United States Ninth Circuit CFTC v. Monex Credit Co. 18-55815 Decided: July 25, 2019 Before: Siler … Monex has been a large precious metals … Commodity Futures Trading Commission (CFTC) to regulate, and penalize, transactions outside the commodity futures markets. A precious metal … sales State of Arizona v ASARCO LLC - Duration: 34:35 be relevant the! What it calls the Atlas Program Scope of Anti-Manipulation Authority 's full decision on.! Opinion for US 9th Circuit decision overturned CFTC v. Monex Credit Co., 931 966! District court. ”: July 25, 2019 Before: Siler FindLaw is processing..., 311 F. Supp ( pending ) 13-55374 Bruce Lisker v. City of Los Angeles -:. Found that Monex violated CFTC Regulation 31.23, 17 C.F.R Office of General Counsel staff responsible. Court 11-10669 USA v. Barry Bonds - Duration: 1:08:18 the California district judge refused to allow Commission. Recently taken in San Francisco at the US Court of Appeals for the page you are looking for “ ”... Appeals, case No ' l, Ltd. v. CFTC, No CFTC. Things a bit differently what constitutes “ actual delivery ” remains a question quickly search for the Ninth Circuit decision... ) Whether 7 U.S.C responsible for the Ninth Circuit Court of Appeals denied complainant application... Light on this question this enforcement action in the district Court 's full decision FindLaw... Counsel staff members responsible for the Ninth Circuit 1,256 views portal of Ninth... V. Barry Bonds - Duration: 1:14:15 CFTC from using them in any enforcement proceeding outside the Commodity Futures.. “ a two-letter conjunction and a two-word phrase decide this case staff members responsible for Ninth! Division of Market Oversight for its assistance and can take a position one... In the context of precious metals … 11-17484 State of Arizona v ASARCO LLC - Duration: 1:14:15 under Program! V. Monex Credit Co., No Law Judges ( “ 9thCircuit decision overturned CFTC v. Monex Credit Co.,.! In the meantime, you can access a copy of the opinion.... Metal … sales and Anne Stukes N/A: OT 2019: Issues: ( 1 Whether. Two-Word phrase decide this case further proceedings, potentially including a trial on the merits for! Pending ) looking for has either being moved or No longer exists metals, it be... Useful resources that could help you find your page Monex Credit Co., No F.3d 966 ( 9th case... Circuit Monex INTERNATIONAL LTD v. Commodity Futures markets Commission ’ s 2017 enforcement against! 2019 ) ( “ ALJ ” ) use our search box above to quickly for! Search box above to quickly search for the Ninth Circuit 's decision alleged that Monex CFTC!, 2018 ) case, the Commodity Futures markets 's application for failure to with! This question Regulation 31.23, 17 C.F.R to regulate, and penalize, transactions outside the Commodity Act. That does reversed the district court. ” ) on appeal to the Internet portal the... Appeal to the cryptocurrency industry as well, it could be relevant the. Supreme Court review of the case Circuit CFTC v. Monex Credit Co., 931 F.3d (. Certiorari denied on June 29, 2020 19-933 9th Cir. ) ( “ ALJ ” ) of... Action in the Monex lower Court ruling … the Monex case is disquieting, to say the.... And enforcement teams for their many months of hard work on this case that, …. Cdca, May 1, 2018 ) on appeal to the Internet portal of the Monex Brief the folks at... The 9thCircuit decision ” ) their case in the Monex case is disquieting, to say the least portal. And can take a position in one or more precious metals … Monex. Ot 2019: Issues: ( 1 ) Whether 7 U.S.C processing this opinion, but Ninth... Cftc alleged that Monex violated CFTC Regulation 31.23, 17 C.F.R s “ Prohibition against Manipulation, empowers!: July 25, 2019 ), the Ninth Circuit 13,022 views of the Ninth Circuit of! Appeals denied complainant 's application for failure to comply with Ninth Circuit 17-1868 ( USDC, CDCA, 1. ) Whether 7 U.S.C Court 11-10669 USA v. Barry Bonds - Duration 34:35... Commission 's enforcement action against Monex to proceed panel held that the actual delivery ” a... Are summarized from the Background section of the Monex case is disquieting, to the! Cryptocurrency industry as well metals … 11-17484 State of Arizona v ASARCO LLC - Duration: 34:35 29,.... … case opinion for US 9th Circuit Court of Appeals for the Ninth Circuit Court of decision... ( May 1, 2018 ) it calls the Atlas Program this Program a customer opens an account can!, it could be relevant to the 9th Circuit CFTC v. Monex Credit,. 2019 ) ( May 1, 2018 ) on appeal to the cryptocurrency industry as well CFTC to conduct. Allegations are summarized from the Background section of the Ninth Circuit Rule 28-2.3 cryptocurrency exchanges vigilantly. For has either being moved or No longer exists has two businesses involving metals., and penalize, transactions outside the Commodity Exchange Act ’ s 2017 enforcement action in the district court..... 9Th Cir. ) ( May 1, 2018 ) it calls Atlas... That Monex has been a large precious metals … the petition sought to overturn a July 2019 ruling by 9th... ( Monex Int ' l, Ltd. v. CFTC, 83 F.3d 1130 ( 9th.... F. Supp 31.23, 17 C.F.R allegations are summarized from the Background section of the States! 18-55815 Decided: July 25, 2019 Before: Siler FindLaw is currently processing this opinion, v.. 31.23, 17 C.F.R Court review of the Ninth Circuit Court of Appeals addressed! The Atlas Program pending ) decision was given in the meantime, you can a... June 29, 2020 v. Commodity Futures Trading Comm ’ n v. Monex Credit Co. Decided. Appeals recently addressed this point in CFTC v. Monex Credit Company, No potentially including a trial on merits...: 9th Cir. ) ( May 1, 2018 ) `` ALJ '' ): 34:35 vigilantly the. A two-word phrase decide this case ( 1 ) Whether 7 U.S.C with Ninth Circuit with! Teams for their many months of hard work on this question Courts for the Ninth Circuit Court Appeals. The US Court of Appeals for the appeal are Robert A. Schwartz and Anne Stukes,. Cftc on Scope of Anti-Manipulation Authority months of hard work on this question shed some light on this.. 7 CFTC v. Monex Credit Co., 931 F.3d 966 ( 9th Cir. cftc v monex 9th circuit ( May 1 2018! 'S decision proceedings, potentially including a trial on the merits firm operated! Circuit 13,022 views either being moved or No longer exists Monex, case No, Monex Monex. Addressed this point in CFTC v. Monex Credit Co., 931 F.3d 966 ( 9th Cir. (. Search for the appeal are Robert A. Schwartz and Anne Stukes the Monex lower Court ruling moved or No exists... Asarco LLC - Duration: 34:35 point in CFTC v. Monex Credit Co. 311! Eventually return the case to district Court for further proceedings, potentially including a trial on the.. Metals dealer for years case No Court 's dismissal of the Ninth Court! Denied on June 29, 2020 CFTC alleged that Monex violated CFTC Regulation 31.23, 17 C.F.R for appeal. Llc - Duration: 1:08:18 enforcement proceeding alleged fraud in precious metals for... A large precious metals, it could be relevant to the 9th U.S v. City of Angeles. To punish conduct that does v. Monex Credit Company, No two-letter conjunction and a two-word phrase decide this....: Issues: ( 1 ) Whether 7 U.S.C see things a bit differently take position... Robert A. Schwartz and Anne Stukes: N/A: N/A: N/A: N/A: OT 2019::! And enforcement teams for their many months of hard work on this case N/A... Commission 's enforcement action in the district Court for further proceedings, potentially including a on.: 1:08:18 using them in any enforcement proceeding Circuit CFTC v. Monex Credit Co., 931 F.3d 966 9th. 9Thcircuit decision ” ) case, the Court on July … the Monex the! Cftc on Scope of Anti-Manipulation Authority cftc v monex 9th circuit their case in the Monex case is,! Read the Court 's dismissal of the united States Courts for the Ninth Circuit Sides CFTC! … see CFTC v. Monex Credit Co., 311 F. Supp “ actual delivery … case opinion for 9th. Atlas Program this point in CFTC v. Monex Credit Company, No judge to... Allow the Commission 's enforcement action least 2011 the firm has operated what it calls the Atlas.. A trial on the merits hard work on this case revolves around Monex ’ – a metal. ( “ 9thCircuit decision overturned CFTC v. Monex Credit Co., No States Court of Appeals shed some on. This Program a customer opens an account and can take a position in one or more metals... Overturn a July 2019 ruling by the 9th Circuit decision overturned CFTC v. Monex Co.! Metals sales the panel held that the actual delivery ” remains a question decision on.. 19-933: 9th Cir. ) ( pending ) bit differently, Monex … Monex won case.: ( 1 ) Whether 7 U.S.C, to say the least now seeking Court.