Morris Auster v. Commodity Futures Trading Commission

687 F.2d 294 Morris AUSTER, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Phillip McB. Johnson, Chairman, David G. Gartner, James M. Stone, Susan M. Phillips and Kalo A. Hineman, Commissioners, Respondents. No. 81-7798. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1982. Decided Sept. 14, 1982. William M. Phelan, Chicago, Ill., for petitioner. David R. Merrill, Washington, D. C., for respondents. Appeal from an Order of the Commodity Futures Trading Commission. Before GOODWIN and NELSON, Circuit Judges, and PRICE * , District Judge. PER CURIAM. 1 Morris Auster seeks review of a Commodity Futures Trading Commission (CFTC) decision revoking his registration for willfully omitting material facts on his application for registration renewal. We affirm. 2 In 1978 Auster falsely completed the registration required by 7 U.S.C. § 6k(1). The registration form asked whether he had been sanctioned. He said, "no," when, in fact, he had been sanctioned by the Chicago Mercantile Exchange in 1977 for engaging in excessive trading on a customer's account for the purpose of earning commissions. Auster claims that the CFTC erred in finding that his false…