United States Seventh Circuit

In proceedings brought by the Commodity Futures Trading Commission (CFTC) against a commodity-pool operator and adviser in the derivatives business arising from its failure to produce on demand certain records as required by statute and regulations, an ex parte order requiring defendant to comply with the CFTC's demand and freezing its assets is vacated as the ex parte order has lasted more than 20 days without an evidentiary hearing.

Appellate Information

• Decided 08/09/2007
• Published 08/09/2007

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Martin B. White, Commodity Futures Trading Commission Office of the General Counsel, Washington, DC, Diane Romaniuk, Commodity Futures Trading Commission, Chicago, IL, for Plaintiff-Appellee., William J. Nissen, Sidley Austin, Chicago, IL, for Defendant-Appellant.