Pub. L. 110-246, tit. XIII, subtit. A, sec. 13103

CRIMINAL AND CIVIL PENALTIES.

EnactedYear: 2008Length: 389 wordsOfficial source
SEC. 13103. CRIMINAL AND CIVIL PENALTIES.(a) Enforcement Powers of the Commission.—Section 6(c) of the Commodity Exchange Act (7 U.S.C. 9, 15) is amended in clause (3) of the 10th sentence—(1) by inserting “(A)” after “assess such person”; and(2) by inserting after “each such violation” the following: “, or (B) in any case of manipulation or attempted manipulation in violation of this subsection, subsection (d) of this section, or section 9(a)(2), a civil penalty of not more than the greater of $1,000,000 or triple the monetary gain to the person for each such violation,”.(b) Nonenforcement of Rules of Government or Other Violations.—Section 6b of such Act (7 U.S.C. 13a) is amended—(1) in the first sentence, by inserting before the period at the end the following: “, or, in any case of manipulation or attempted manipulation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more than $1,000,000 for each such violation”; and(2) in the second sentence, by inserting before the period at the end the following: “, except that if the failure or refusal to obey or comply with the order involved any offense under section 9(a)(2), the registered entity, director, officer, agent, 122 STAT. 2196 or employee shall be guilty of a felony and, on conviction, shall be subject to penalties under section 9(a)(2)”.(c) Action to Enjoin or Restrain Violations.—Section 6c(d) of such Act (7 U.S.C. 13a–1(d)) is amended by striking all that precedes paragraph (2) and inserting the following:“(d) Civil Penalties.—“(1) In general.—In any action brought under this section, the Commission may seek and the court shall have jurisdiction to impose, on a proper showing, on any person found in the action to have committed any violation—“(A) a civil penalty in the amount of not more than the greater of $100,000 or triple the monetary gain to the person for each violation; or“(B) in any case of manipulation or attempted manipulation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty in the amount of not more than the greater of $1,000,000 or triple the monetary gain to the person for each violation.”.(d) Violations Generally.—Section 9(a) of such Act (7 U.S.C. 13(a)) is amended in the matter preceding paragraph (1)—(1) by striking “(or $500,000 in the case of a person who is an individual)”; and(2) by striking “five years” and inserting “10 years”.
Pub. L. 110-246, tit. XIII, subtit. A, sec. 13103: CRIMINAL AND CIVIL PENALTIES. | Justis AI