Commodity Futures Trading Commission v. Equity Financial Group, L.L.C., Nos. 08-1558, 08-1838 and 08-2495; Third Circuit; opinion by Scirica, U.S.C.J.; decided July 13, 2009. Before Judges Scirica, Sloviter and Hardiman. On appeal from the District of New Jersey. [Sat below: Judge Kugler.] DDS No. xx-8-xxxx [30 pp.]
Defendants Equity Financial Group; Vincent Firth, its president and sole shareholder; and Robert Shimer, its lawyer, were charged with, inter alia, fraud under the Commodity Exchange Act (CEA), 7 U.S.C. § 1 et seq., specifically, 7 U.S.C. §§ 6b and 6o, and failing to register with the Commodity Futures Trading Commission, as required by 7 U.S.C. §§ 6m and 6k.