Commodity Futures Trading Commission, Cross v. Anthony Vartuli, Defendant-Appellant-Cross-Appellee, Avco Financial Corp., J. Michael Gent , 228 F.3d 94 ( 2000 )

VAN GRAAFEILAND, Circuit Judge,

concurring in the result:

I concur without reservation in my colleagues’ disposition of Count I and IV. As to the remainder of the opinion, I concur solely in the result. “If there is one doctrine more deeply rooted than any other in the process of constitutional adjudication, it is that we ought not to pass on questions of constitutionality unless such adjudication is unavoidable.” Department of Commerce v. United States House of Representatives, 525 U.S. 316, 343-44, 119 S.Ct. 765, 142 L.Ed.2d 797 (1999).