Samaru

MEMORANDUM ***

Linton Samara (“Samara”) appeals from the district court’s denial of his Rule 60(b) motion and entry of an $882,005 restitution judgment against him. We review the district court’s conclusions for an abuse of discretion. Allmerica Financial Life Ins. & Annuity Co. v. Llewellyn, 139 F.3d 664 , 665 (9th Cir.1997); Far West Federal Bank v. Office of Thrift Supervision, 119 F.3d 1358 , 1367 (9th Cir.1997). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

On June 19, 1997, the Commodities Futures Trading Commission (“CFTC”) filed a civil complaint against Golden State Bullion and several of its employees, including Samara. The complaint alleged that the defendants had engaged in a fraudulent telemarketing scheme to sell highly leveraged, unlawful off-exchange futures contracts in precious metals and other commodities. On December 16, 1998, based upon an agreement between Samara and the CFTC, the district court entered a consent order of permanent injunction and ancillary equitable relief against Samara. The consent order fixed Samara’s maximum restitution, liability at $882,005, an amount representing net customer losses attributable to his unlawful futures…