On January 14th, the Fifth Circuit affirmed a trial court's entry of judgment as a matter of law in favor of a defendant whom the CFTC accused of attempting to manipulate the natural gas market and knowingly delivering false reports tending to affect the natural gas market price. The evidence upon which the CFTC relied was not properly authenticated and admissible as business records. The CFTC never called as a witness a person who could authenticate the records or who could testify as to whether the records were kept in the ordinary course of business as required by Federal Rule of Evidence 803(6). Without those records, the evidence did not support a finding that defendant violated the Commodity Exchange Act. CFTC v. Dizona.