Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : U.S. COMMODITY FUTURES TRADING COMMISSION v. : : Civil Action No. DKC 2004-1021

: CALVARY CURRENCIES LLC, et al. : MEMORANDUM OPINION Presently pending and ready for resolution in this

commodities regulation case are (1) the motion of Defendants Calvary Currencies, LLC ("Calvary") and Arthur John Keeffe II ("Keeffe") for leave to file a surreply (paper no. 41), and (2) the motion of Plaintiff the United States Commodity Futures Trading Commission ("CFTC") to strike, pursuant to Fed.R.Civ.P. 14(a), the third-party complaint filed by Defendants on November 19, 2004 (paper no. 30). The issues are fully briefed and the

court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, the court denies

Defendants' motion and grants Plaintiff's motion. I. Background On March 29, 2004, Plaintiff filed an action in this court alleging that Keeffe, himself and on behalf of his limited liability company, Calvary, fraudulently solicited customers, inducing them into illegal off-exchange trading of foreign

currency futures in violation of Sections 4(a) and 4(b)(a)(i) and (iii) of the Commodity Exchange Act, 7 U.S.C.

Download USCFTC v. Calvary Currencies LLC, et al. (Memorandum).pdf

Maryland Law