UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION
SAMUEL G. WEAH v. |
CFTC Docket No. 98-R206 |
FIRST CAPITOL AG, INCORPORATED |
ORDER PURSUANT TO DELEGATED AUTHORITY |
Complainant Samuel Weah has submitted a motion to set aside judgment
that we treat as a motion to reconsider the Commission's September
13, 2000 Order of Summary Affirmance. The Commission's reparations
rules do not expressly provide for motions for reconsideration.
Kohler v. Merrill Lynch, Pierce, Fenner & Smith, Inc.,
[1986-1987 Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶ 23,437 at
33,172 (CFTC Dec. 30, 1986). Such relief is only available in
"truly extraordinary circumstances." Id. at
33,173.
The reasons for reconsideration that complainant set forth in his
submission do not establish one of the narrow circumstances justifying
reconsideration by the Commission. The record shows that complainant
failed to submit sufficient reliable evidence to prove his allegations
of wrongdoing. The difficult financial circumstances that he cites in
his motion are not an appropriate basis for awarding him damages in
the absence of such proof.
Accordingly, complainant Weah's motion for reconsideration is denied.
IT IS SO ORDERED.1
Edson G. Case
Deputy General Counsel
Commodity Futures Trading Commission
Dated: October 13, 2000
1 By the Commission pursuant to delegated authority. 17 C.F.R. § 12.408(a)(6).