Commodity Futures Trading Commission v. William C. Dunn and Delta Consultants, Inc., Delta Options, Ltd. And Nopkine Co., Ltd.

WINTER, Circuit Judge:

This is an interlocutory appeal from the appointment of a temporary receiver. The principal legal issue is whether the Commodity Futures Trading Commission (“CFTC”) has power to regulate off-exchange options involving foreign currencies. Based on a prior decision of this court binding on this panel, we hold that it does and affirm.

BACKGROUND

This is an action by the Commodity Futures Trading Commission against four defendants: (i) William C. Dunn, an individual and the president and sole shareholder of Delta Consultants; (ii) Delta Consultants, a New Jersey corporation…