No. 19-933
Monex Deposit Company, et al. v. Commodity Futures Trading Commission
Tags: cftc-authority commodity-exchange-act commodity-futures-trading-commission due-process fraud market-manipulation retail-transactions retroactive-enforcement statutory-interpretation
Key Terms:
Environmental DueProcess
Environmental DueProcess
Latest Conference:
2020-06-25
(distributed 2 times)
Question Presented (from Petition)
Whether 7 U.S.C. § 9, the Commodity Exchange Act's "Prohibition Against Manipulation," empowers CFTC to punish conduct that does not manipulate any commodities market, simply because the conduct involves a retail transaction in a commodity.
Whether CFTC violated fundamental principles of due process when it abruptly reversed its 30-year position that petitioners' business model was not subject to CFTC's regulatory authority and retroactively applied its new and incorrect position in this $290 million enforcement action.
Question Presented (AI Summary)
Whether the Commodity Futures Trading Commission has authority to punish conduct that does not manipulate any commodities market
Docket Entries
2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioners Monex Deposit Company, et al. filed. (Distributed)
2020-05-26
Brief of respondent Commodity Futures Trading Commission in opposition filed.
2020-04-30
Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
2020-04-29
Motion to extend the time to file a response from May 4, 2020 to May 26, 2020, submitted to The Clerk.
2020-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020.
2020-03-25
Motion to extend the time to file a response from March 30, 2020 to May 4, 2020, submitted to The Clerk.
2020-02-27
Response Requested. (Due March 30, 2020)
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-19
Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
2020-02-19
Brief amicus curiae of Mountain States Legal Foundation filed.
2020-02-10
Waiver of right of respondent Commodity Futures Trading Commission to respond filed.
2020-01-23
Petition for a writ of certiorari filed. (Response due February 24, 2020)
Attorneys
Commodity Futures Trading Commission
Noel J. Francisco — Solicitor General, Respondent
Monex Deposit Company, et al.
William McGinley Jay — Goodwin Procter, LLP, Petitioner
Mountain States Legal Foundation
New Civil Liberties Alliance
Aditya Dynar — New Civil Liberties Alliance, Amicus