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Commodity Futures Trading Commission v. Rosenberg

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 1, 2000

COMMODITY FUTURES TRADING COMMISSION,
PLAINTIFF,
V.
MURRAY IRA ROSENBERG, D/B/A PRO BROKER SERVICES, INC. (A/K/A PRO-BROKER SERVICE, INC.), AND PRO-BROKER SERVICE, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

HON. STEPHEN M. ORLOFSKY

ORDER

This matter having come before the Court on the motion of Plaintiff, Commodity Futures Trading Commission ("CFTC"), for reargument of my decision in Commodity Futures Trading Comm'n v. Rosenberg, No. 97- 2927 (D.N.J. filed May 25, 1999), to exclude from evidence the taped conversations between Mr. James Stollenwerck and the defendant, Murray I. Rosenberg ("Rosenberg"), pursuant to Federal Rule of Evidence 408; and,

This matter having come before the Court on the motion of Rosenberg, to exclude the de bene esse deposition testimony of Raymond Kent Driskill and the trial testimony of Carl Raymond Driskill, pursuant to Federal Rule of Evidence 404(b)l; and,

This matter having come before the Court on the Complaint of the CFTC, for Rosenberg's violations of the Commodities Exchange Act; and,

Robert J. Cleary, Esq., United States Attorney, Paul A. Blaine, Esq., Assistant United States Attorney, Matthew Elkan, Esq. and Karen Kenmotsu, Esq. of the Commodity Futures Trading Commission, appearing on behalf of Plaintiff, CFTC; and

Murray Ira Rosenberg, appearing pro se, and Gary W. Stuhltrager, Esq. appearing on behalf of Defendant, Pro-Broker Service, Inc.; and,

The Court having considered the submissions of the parties, as well as the evidence presented at trial; and,

The Court having made its findings of fact and conclusions of law as set forth in the OPINION filed concurrently with this ORDER;

IT IS, on this 1st day of March, 2000, hereby ORDERED that:

1. The motion of the CFTC for reargument is DENIED;

2. The motion of Rosenberg to exclude the testimony of Carl Raymond Driskill and Raymond Kent Driskill is DENIED;

3. Defendants, Murray I. Rosenberg and Pro-Broker Service, Inc., are PERMANENTLY ENJOINED from further violations of sections 4b(a), 4c(b), 4d(1)-(2), 9(a)(1) of the Commodities Exchange Act, 7 U.S.C. §§ 6b(a), 6c(b), 6d(1)-(2), 13(a)(1) (1999);

4. Defendants, Murray I. Rosenberg and Pro-Broker Service, Inc., are PERMANENTLY ENJOINED from trading commodity futures and options on futures on behalf of any other person or entity, including, but not limited to, any association, partnership, corporation, or trust;

5. Defendants, Rosenberg and Pro-Broker Service, Inc., are hereby ORDERED to pay $265,000 in restitution to the CFTC.

20000301

© 2000 VersusLaw Inc.



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