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In Commodity Futures Trading Commission v. Walsh (CFTC), 17 N.Y.3d 162 (2011),1 the Court of Appeals answered two certified questions by the U.S. Court of Appeals for the Second Circuit, 618 F3d 218 (2d Cir. 2010). The questions arose from lawsuits brought by the CFTC and the Securities and Exchange Commission against, inter alia, Stephen Walsh and his former spouse, Janet Schaberg. The actions were grounded in violations of the anti-fraud provisions of the Commodity Exchange Act and the Securities Exchange Act, i.e., that Walsh and his partner misappropriated as much as $554 million from investors’ funds from 1996 to 2009.

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