First National Monetary Corporation v. Commodity Futures Trading Commission

First National Monetary Corporation (“FNMC”) petitions for review of a Commodity Futures Trading Commission order dismissing its application for review of an Administrative Law Judge’s decision denying legal fees under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504. For the reasons discussed below, we affirm the Commission’s order.

I

FNMC is a corporation engaged in the trading of gold, silver and other precious commodities pursuant to standardized contracts known as “cash forward” contracts. In August 1979, the Commodity Futures Trading Commission’s Division of Enforcement (“the…