other forex trader for themselves during this period resulted in net losses; (2) assured pool participants that no more than two percent of their funds would be at risk yet Defendants consistently used more than two percent of pool participants’ funds to trade forex; and (3) promised that pool participants could redeem their initial investments upon 30 days’ no element is established when an individual’s “conduct involves intentional omissions or misrepresentations that present a risk of misleading customers, either known to the defendant or sufficiently manifest that the defendant must have been aware of the risk.” King, 2007 WL 1321762, at *2 (citing R.J. Fitzgerald & Co., 310 F.3d at 1328) (internal quotation marks omitted); Wasnick v. Refco, Inc., 911 F.2d 345, 348 (9th Cir.1990) (<HOLDING>) (citation omitted); Lawrence v. CFTC, 759 F.2d
holding that scienter is established when an individuals acts are performed with knowledge of their nature and character holding that it was proper for court to rely on affidavits of defendants representatives in negotiations because their personal knowledge and competence to testify are reasonably inferred from their positions and the nature of their participation in the matters to which they swore holding that absolute immunity protects  judges  so long as their acts are judicial  in nature internal quotation omitted holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law holding that judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts even when such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly