Then I suppose there is more to this story than is being revealed here. Else the CFTC would not be all up in this guy's ass about it.
There was a trial in federal court by DoJ and FBI. The case got dismissed mid trial and subsequently withdrawn. The judge even scolded the DoJ several times for bringing such a "thin" case and not knowing what their choosing arguments would be because DoJ didn't have a leg to stand on. It was heavily reported. CFTC and DoJ filed their cases on same day. Usually criminal cases are faught first then civil.
There was bo defence put up by jitesh, he didn't have to. The petition is for CFTC to do what department of justice did and stop the persecution.