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cases/15usc78j/f3d-931-966-cftc-v-monex-credit.case

Source: cases/15usc78j/f3d-931-966-cftc-v-monex-credit.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_931/0966_01/index.html

Verbatim annotated passages

This CEA provision is a mirror image of § 10(b) of the Securities Exchange Act, which the Supreme Court has interpreted as a "catch-all clause to prevent fraudulent practices," Chiarella v. United States , 445 U.S. 222, 226, 100 S.Ct. 1108, 63 L.Ed.2d 348 (1980), that authorizes fraud-only claims, see SEC v. Zandford , 535 U.S. 813, 822-25, 122 S.Ct. 1899, 153 L.Ed.2d 1 (2002).
We presume that by copying § 10(b)'s language and pasting it in the CEA, Congress adopted § 10(b)'s judicial interpretations as well.

Exact source text

casedsl 1.2

# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/931/0966-01
  name    U.S. Commodity Futures Trading Comm'n v. Monex Credit Co.
  cite    931 F.3d 966 (2019)
  court   United States Court of Appeals for the Ninth Circuit
  date    2019-07-25
  url     catalog/cases/f3d/volume_931/0966_01/index.html
  source  ir/caselaw/f3d_931.jsonl sha1=5265aab9df35ab8b9732546e92130adddfc49ce5 chars=30885

# unanimous panel opinion (Siler, J.); one footnote appended at @30818 belongs to the same opinion
opinion op : majority by Siler @0..30885 controlling
count c1 : Commodity Exchange Act § 6(c)(1) enforcement claim

law 15usc78j
  role    comparator
  posture civil CFTC enforcement action; dismissal of fraud claims under Commodity Exchange Act § 6(c)(1) reversed; Section 10(b) of the Exchange Act cited as the statutory model whose fraud-only scope was incorporated into the CEA
  result  not-decided

element scheme : not-reached
  role    comparator
  count   c1
  route   _comparator
  pattern borrowing-statute/anti-fraud-prohibition
  rule @24978..25358 | This CEA provision is a mirror image of § 10(b) of the Securities Exchange Act, which the Supreme Court has interpreted as a "catch-all clause to prevent fraudulent practices," Chiarella v. United States , 445 U.S. 222, 226, 100 S.Ct. 1108, 63 L.Ed.2d 348 (1980), that authorizes fraud-only claims, see SEC v. Zandford , 535 U.S. 813, 822-25, 122 S.Ct. 1899, 153 L.Ed.2d 1 (2002).
  rule @25359..25492 | We presume that by copying § 10(b)'s language and pasting it in the CEA, Congress adopted § 10(b)'s judicial interpretations as well.
  gloss   Ninth Circuit holds that because CEA § 6(c)(1) copied § 10(b)'s language prohibiting deceptive devices or contrivances, it adopted judicial interpretations of § 10(b) that reach fraud alone without requiring market manipulation. No claim under § 10(b) itself is decided.

misfit 15 U.S.C. § 78j(b) is cited as a statutory comparator and model for CEA § 6(c)(1) (7 U.S.C. § 9(1)). No element of § 10(b) is applied to the defendants' conduct directly; holding is not-reached under role comparator.