Articles Posted in US Court of Appeals for the Eleventh Circuit

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The CFTC filed suit alleging that defendant violated the Commodities Exchange Act (CEA), when they failed to register as futures commission merchants, transacted the purchase and sale of contracts for the future delivery of a commodity (futures) outside of a registered exchange, and promised to invest customers' money in precious metals (metals) but instead invested the funds in futures. The Eleventh Circuit affirmed the district court's judgment in favor of the CFTC on all claims except as to the restitution award for the group of investors whose losses were associated solely with the registration violations. The court vacated that portion of the judgment and remanded with instructions to consider other equitable remedies. In this case, the district court erred in finding that the registration violation alone proximately caused any loss. View "U.S. Commodity Futures Commission v. Southern Trust Metals, Inc." on Justia Law

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The CFTC filed suit alleging that defendant violated the Commodities Exchange Act (CEA), when they failed to register as futures commission merchants, transacted the purchase and sale of contracts for the future delivery of a commodity (futures) outside of a registered exchange, and promised to invest customers' money in precious metals (metals) but instead invested the funds in futures. The Eleventh Circuit affirmed the district court's judgment in favor of the CFTC on all claims except as to the restitution award for the group of investors whose losses were associated solely with the registration violations. The court vacated that portion of the judgment and remanded with instructions to consider other equitable remedies. In this case, the district court erred in finding that the registration violation alone proximately caused any loss. View "U.S. Commodity Futures Commission v. Southern Trust Metals, Inc." on Justia Law

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In 2011 and 2012, a number of individuals and closely held corporations known as Treasure Your Success (TYS) operated a fraudulent credit card interest reduction scheme. Universal Processing Services of Wisconsin, LLC (Universal) violated the Telemarketing Sales Rule (TSR), 16 C.F.R. 310.1 et seq., by providing substantial assistance to the TYS schemers. The district court found that a violation of the TSR constitutes an “unfair or deceptive act or practice” in violation of the Federal Trade Commission Act. As such, the district court was authorized to order restitution and disgorgement. Furthermore, the court clarified that substantial assistance under the TSR was itself sufficient to justify joint and several liability. The court reaffirmed its order holding Universal jointly and severally liable; Universal contended that was error and joint and several liability can only lie where the defendant is a participant in a common enterprise with the primary violators. The Eleventh Circuit concluded after review the district court did not abuse its discretion in holding Universal jointly and severally liable with the members of the TYS scheme. View "Federal Trade Comm'r v. Universal Processing Services of Wisconsin, LLC" on Justia Law

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The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint against FINRA and its denial of plaintiff's motion to remand the case to Florida state court. The court held that removal was proper in this case because suits against self-regulatory organizations (SROs) like FINRA for violating their internal rules "arise under" the Securities Exchange Act of 1934, 15 U.S.C. 78o(a)(1), (b)(1), and therefore fall under the Act's grant of exclusive jurisdiction to the federal district courts. The court also held that the district court correctly dismissed plaintiff's claim because no private right of action exists for SRO members and associated persons to sue SROs for violating their own internal rules. View "Turbeville v. Financial Industry Regulatory Authority" on Justia Law

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ZPRIM sought review of the SEC's final order finding that petitioners made material misrepresentations to prospective clients in violation of the Investment Advisers Act of 1940, 15 U.S.C. 80b-1. The Eleventh Circuit vacated the violations and monetary sanctions related to the newsletter ZPRIM published in December 2009. In this case, ZPRIM's disclaimer was not boilerplate and was not buried among too many other things, but was explicit, repetitive and linked to the statement about which the SEC complains. Therefore, in light of the clear cautionary statements in the newsletter, the Commission's finding of materiality for that newsletter was not supported by substantial evidence. The court affirmed all other violations and sanctions. View "ZPR Investment Management Inc. v. SEC" on Justia Law