Release Date:- 1991-04-30
Availability:- In Stock
Kind:- ebook
CUDAHY, Circuit Judge George Frey and Edward Cox were subjects of an extended investigation by the Commodity Exchange Authority of the U.S. Department of Agriculture and the Commodity Futures Trading Commission (CFTC) into an alleged commodities price squeeze in 1971. An ALJ found Frey and Cox guilty of price manipulation under sections 6(b) and 6(c) of the Commodity Exchange Act (CEA), 7 U.S.C. §§ 9, 13b (1970), but the Commission reversed on Cox's and Frey's appeal. Frey1 then sought fees and costs under the Equal Access to Justice Act, 5 U.S.C. § 504 (1982) (EAJA) and 17 C.F.R. §§ 148.1-148.30, which awards fees and costs to a prevailing party in an agency ""adversary adjudication"" unless the agency's position in initiating and pursuing the claim was ""substantially justified"" or unless special circumstances make an award unjust. 5 U.S.C. § 504(a)(1). In 1987, the same ALJ awarded Frey $132,226 under EAJA, but the Commission reversed in 1990 and denied Frey fees. From this adverse determination Frey appeals.
