United States Eleventh Circuit
COMMODITY FUTURES TRADING COMM'N v. R.J. FITZGERALD & CO., INC., 01-14780
District Court erred in finding that defendant's TV commercial and seminar did not violate the Commodities Exchange Act, as both were deceptive and misleading, unquestionably material to the potential customer, and promulgated with the requisite scienter. These solicitation devices also violated the Act because they failed to disclose extremely material information that any reasonable investor would want to know before committing money.
Appellate Information
- Decided 10/29/2002
- Published 10/29/2002
Judges
- COWEN, Circuit Judge:, Before TJOFLAT, WILSON and COWEN, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Nancy R. Page,Kirk T. Manhardt, Deputy General Counsel, Washington, DC, for Plaintiff-Appellant.
- For Appellees:
- Constantine John Gekas, Alenna K. Bolin, Gekas & Associates, Ltd., Chicago, IL, Montgomery N. Kosma, Jones, Day, Reavis & Pogue, Jennifer Gately Loy, Gibson, Dunn & Crutcher LLP, Washington, DC, for Defendants-Cross-Claimants-Third-Party-Plaintiffs-Appellees.