The laws authorizing CFTC’s activities and the regulations issued by CFTC to carry out those activities, as well as related rulemaking, enforcement, and adjudicatory references.

Commodity Futures Trading Commission v. Weintraub Lewis F. Powell Jr. Follow this and additional works at:https://scholarlycommons.law.wlu.edu/casefiles Part of theLaw Commons This Manuscript Collection is brought to you for free and open access by the Powell Papers at Washington & Lee University School of Law Scholarly Commons. COMMODITY FUTURES TRADING COMMISSION v. WEINTRAUB ET AL. No. 84-261. Supreme Court of United States. Argued March 19, 1985 Decided April 29, 1985 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT *344 Bruce N. Kuhlik argued the cause pro hac vice for petitioner. 722 F. 2d 338 - Commodity Futures Trading Commission v. Weintraub H U.S. Supreme Court. Brief for Respondents. The problem, however, is making the threshold showing of fraud necessary to defeat the privilege. Without control weintraub the privilege, the trustee might not be able to discover hidden futures or looting schemes, and therefore might not be able weintraub make the necessary showing. COMMODITY FUTURES TRADING COMMISSION, Petitioner-Appellee, v. Gary WEINTRAUB, Respondent, and Frank H. McGhee and Andrew McGhee, Intervening Respondents-Appellants. When the Commodity Futures Trading Commission investigated CDCB for suspected misappropriation of funds and other fraudulent practices, Notz waived CDCB's attorney-client privilege over the objections of Gary Weintraub, CDCB's former attorney.] II

COMMODITY FUTURES TRADING COMMISSION, Petitioner-Appellee, v. Gary WEINTRAUB, Respondent, and Frank H. McGhee and Andrew McGhee, Intervening Respondents-Appellants.

a trustee in bankruptcy to control the attorney-client privilege of a corporate debtor is Commodity Futures Trading Commission v. Weintraub.36 In Weintraub, the  CFTC v. Weintraub, 471 U.S. 343 (1985) Commodity Futures Trading Commission v. Weintraub. No. 84-261. Argued March 19, 1985. Decided April 29, 1985. 471 U.S. 343. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus United States Supreme Court. COMMODITY FUTURES TRADING COMM'N v. WEINTRAUB(1985) No. 84-261 Argued: March 19, 1985 Decided: April 29, 1985. Petitioner filed a complaint in Federal District Court alleging violations of the Commodity Exchange Act by Chicago Discount Commodity Brokers (CDCB), and respondent Frank McGhee, acting as sole director and officer of CDCB, entered into a consent decree The Commodity Futures Trading Commission (the Commission) filed a complaint against the Chicago Discount Commodity Brokers (CDCB), alleging violations of the Commodity Exchange Act. CDCB was going through bankruptcy at the time and a trustee was appointed At a deposition related to the Commission's lawsuit, Gary Weintraub, CDCB's former counsel, refused to answer certain questions, citing attorney-client privilege.

COMMODITY FUTURES TRADING COMMISSION V. WEINTRAUB INTRODUCTION The attorney-client privilege' is distinguished as the oldest of the privileges for confidential communications under the common law.' Although deeply rooted in American jurisprudence, the attorney-client privilege has come

COMMODITY FUTURES TRADING COMMISSION, Petitioner-Appellee, v. Gary WEINTRAUB, Respondent, and Frank H. McGhee and Andrew McGhee, Intervening Respondents-Appellants. Commodity Futures Trading Commission v. Weintraub. After presenting a general discussion of the attorney-client privilege, this casenote will discuss the facts underlying Weintraub and then review the rationales of the Seventh Circuit and the Supreme Court in their respective holdings. This casenote will discuss other arguments which have Commodity Futures Trading Commission, Petitioner-appellee, v. Gary Weintraub, Respondent,andfrank H. Mcghee and Andrew Mcghee, Intervening Respondents-appellants, 722 F.2d 338 (7th Cir. 1984) case opinion from the US Court of Appeals for the Seventh Circuit Audio Transcription for Oral Argument - March 19, 1985 in Commodity Futures Trading Commission v. Weintraub Sandra Day O'Connor: Well, wouldn't the trustee have to know what the communication was before deciding whether to waive it? Get free access to the complete judgment in COMMODITY FUTURES TRADING COM'N v. WEINTRAUB on CaseMine. Opinion for Commodity Futures Trading Commission v. Gary Weintraub, and Frank H. McGhee and Andrew McGhee, 722 F.2d 338 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

The Commodity Futures Trading Commission (the Commission) filed a complaint against the Chicago Discount Commodity Brokers (CDCB), alleging violations of the Commodity Exchange Act. CDCB was going through bankruptcy at the time and a trustee was appointed At a deposition related to the Commission's lawsuit, Gary Weintraub, CDCB's former counsel, refused to answer certain questions, citing attorney-client privilege.

Commodity Futures Trading Commission, Petitioner-appellee, v. Gary Weintraub, Respondent,andfrank H. Mcghee and Andrew Mcghee, Intervening Respondents-appellants, 722 F.2d 338 (7th Cir. 1984) case opinion from the US Court of Appeals for the Seventh Circuit

When the Commodity Futures Trading Commission investigated CDCB for suspected misappropriation of funds and other fraudulent practices, Notz waived CDCB's attorney-client privilege over the objections of Gary Weintraub, CDCB's former attorney.] II

Opinion for Commodity Futures Trading Commission v. Gary Weintraub, and Frank H. McGhee and Andrew McGhee, 722 F.2d 338 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. * The case arises out of a formal investigation by petitioner Commodity Futures Trading Commission to determine whether Chicago Discount Commodity Brokers (CDCB), or persons associated with that firm, violated the Commodity Exchange Act, 7 U.S.C. § 1 et seq. CDCB was a discount commodity brokerage house registered with the Commission, pursuant The laws authorizing CFTC’s activities and the regulations issued by CFTC to carry out those activities, as well as related rulemaking, enforcement, and adjudicatory references.

6d(1), as a futures commission merchant. On October 27, 1980, the Commission filed a complaint against CDCB in the United States District Court for the Northern   13 Aug 2019 by the Supreme Court in Commodity Futures Trading Commission v. Weintraub , which held that a “trustee of a corporation in bankruptcy has  [12] The leading case on this issue is Commodity Futures Trading Commission v. Weintraub, where the Supreme Court ruled that a chapter 7 trustee of a  30 Aug 2018 In the seminal case Commodity Futures Trading Commission v. Weintraub, the Supreme Court set out to resolve a circuit split as to “whether the  tee [Commodity Futures Trading Commission v. Weintraub, 105 S. Ct. See Weintraub, 471 U.S. at 348 (stating that waiving attorney-client privilege can only be  a trustee in bankruptcy to control the attorney-client privilege of a corporate debtor is Commodity Futures Trading Commission v. Weintraub.36 In Weintraub, the