Sec. 4. Civil penalties under the Commodity Exchange Act

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each violation Section 9 of the Commodity Exchange Act ( 7 U.S.C. 13 ), as amended by section 3 of this Act, is amended by adding at the end the following: The Commission may define the scope of any violation for purposes of determining the number of violations involved in any case arising under this Act. . Section 6 of such Act is amended— in paragraph

(10)of subsection

(c)( 7 U.S.C. 9 ), by striking subparagraph

(C)and inserting the following: assess such person— a civil penalty of not more than an amount equal to the greater of— $1,000,000, in the case of a person who is an individual, for each violation; $10,000,000, in the case of any person other than an individual, for each violation; triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or triple the total amount of losses to persons proximately caused by each such violation; or a civil penalty of triple the maximum amount otherwise available under clause

(i)if the person, within 5 years preceding the violation, has been— found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder; and ; in subsection

(d)( 7 U.S.C. 13b )— by inserting

(1)after

(d); by striking $140,000 or triple the monetary gain to such person, and inserting

(A)$1,000,000, in the case of a person who is an individual, for each violation,

(B)$10,000,000, in the case of any person other than an individual, for each violation,

(C)triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or

(D)triple the total amount of losses to persons proximately caused by each such violation, ; and by striking the period and inserting ; and ; and by adding after and below the end the following: A person shall be held liable for a civil penalty in triple the amount otherwise available for a violation under this subsection if the person, within 5 years preceding such violation, has been— found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder; or convicted of any criminal offense that involves violation of this Act or the rules, regulations, or orders of the Commission thereunder. . Section 6b of such Act ( 7 U.S.C. 13a ) is amended in the 1st sentence— by striking $500,000 for each such violation, 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 inserting

(A)$1,000,000, in the case of a person who is an individual, for each violation,

(B)$10,000,000, in the case of any person other than an individual, for each violation,

(C)triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or

(D)triple the total amount of losses to persons proximately caused by each such violation, and such civil penalty shall be assessed for each violation on which a failure to enforce or other violation occurs or has occurred; provided that a registered entity, director, officer, agent, or employee shall be assessed a civil penalty of triple the amount otherwise available if the person, within 5 years of such violation, has been found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder, or convicted of any criminal offense that involves a violation of this Act or the rules, regulations, or orders of the Commission thereunder . Section 6c(d) of such Act (7 U.S.C. 13a–1(d)) is amended— in paragraph (1), by inserting a civil penalty in the amount of after violation ; and by striking subparagraphs

(A)and

(B)of paragraph

(1)and inserting the following: not more than the greater of— “$1,000,000, in the case of a person who is an individual, for each violation; $10,000,000, in the case of any person other than an individual, for each violation; triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or triple the total amount of losses by persons proximately caused by each such violation; or triple the maximum amount otherwise available under subparagraph

(A)if the person, within 5 years preceding the violation, has been— found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder. . Section 9(a) of such Act ( 7 U.S.C. 13(a) ) is amended by inserting in the case of an individual or $10,000,000 in the case of any person other than an individual, for each violation, after $1,000,000 . Section 9 of such Act ( 7 U.S.C. 13 ) is amended by adding at the end the following: An action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within 10 years after the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon. .

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U.S. Code

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7 USC 13a–1(d)

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Sec. 4

Civil penalties under the Commodity Exchange Act

Cite7 USC 13a–1(d)

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