U.S. Commodity Futures Trading Commissioner v. Escobio, No. 16-16544 (11th Cir. 2020)Annotate this Case
This case involved the enforcement of a judgment CFTC obtained against defendant which, among other things, ordered defendant to pay $1,543,892 within 10 days in restitution to the investors who fell victim to his commodity-fraud scheme.
The Eleventh Circuit vacated the district court's contempt adjudication and its modification of the restitution provisions of its judgment, holding that those provisions constitute a money judgment enforceable under the Federal Debt Collection Procedures Act, but not by the district court's civil contempt power. Therefore, the court need not consider defendant's arguments that the district court erred in considering exempt assets or defendant's wife's income in its determination of defendant's ability to pay.
This opinion or order relates to an opinion or order originally issued on January 22, 2018.