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7 U.S.C. § 13aNonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses

submitted 104 years ago by ch. 369 to r/title-7-AGRICULTURE · 449 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a registered entity is not enforcing its own governing rules, or it or its staff is violating this law, the Commission can order them to stop and fine them up to $500,000 per violation, or $1,000,000 for market manipulation. Ignoring that order is a crime, with each day of continued defiance counting as a separate offense. Unpaid penalties get sent to the Attorney General to collect in court.

This section lets the Commission crack down on exchanges and their people who break the rules. If a registered entity is not enforcing, or has not enforced, its own governing rules required for its designation, or if the entity or one of its directors, officers, agents, or employees is violating, or has violated, this chapter or a Commission rule, regulation, or order, the Commission — after notice and a hearing on the record, with the right to appeal like other cases under section 8(b) — can order that entity or person to stop the violation. The Commission can also assess a civil penalty of up to $500,000 per violation, or up to $1,000,000 per violation for manipulation or attempted manipulation under sections 9, 15, 13b, or 13(a)(2). If, after the appeal period runs out (or the order is upheld on appeal), the entity or person refuses to obey the order, that is a misdemeanor punishable by a fine up to $500,000 or six months to one year in prison, or both — except that if the disobeyed order involved a section 13(a)(2) manipulation offense, it becomes a felony with the penalties from that section instead. Each day the disobedience continues counts as a separate offense. If the penalty is not paid after the appeal period ends, or after it is upheld, the Commission refers the matter to the Attorney General, who collects it by suing in the right U.S. district court. When deciding the fine amount, the Commission must weigh how serious the offense was, and — for a registered entity — whether the fine would seriously hurt its ability to keep operating.
the actual law source: uscode.house.gov ↗public domain

If any registered entity is not enforcing or has not enforced its rules of government made a condition of its designation or registration as set forth in sections 7 through 7a–2 of this title, or if any registered entity, or any director, officer, agent, or employee of any registered entity otherwise is violating or has violated any of the provisions of this chapter or any of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing on the record and subject to appeal as in other cases provided for in section 8(b) of this title, make and enter an order directing that such registered entity, director, officer, agent, or employee shall cease and desist from such violation, and assess a civil penalty of not more than $500,000 for each such violation, or, in any case of manipulation or attempted manipulation in violation of section 9, 15, 13b, or 13(a)(2) of this title, a civil penalty of not more than $1,000,000 for each such violation. If such registered entity, director, officer, agent, or employee, after the entry of such a cease and desist order and the lapse of the period allowed for appeal of such order or after the affirmance of such order, shall fail or refuse to obey or comply with such order, such registered entity, director, officer, agent, or employee shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500,000 or imprisoned for not less than six months nor more than one year, or both, except that if the failure or refusal to obey or comply with the order involved any offense under section 13(a)(2) of this title, the registered entity, director, officer, agent, or employee shall be guilty of a felony and, on conviction, shall be subject to penalties under section 13(a)(2) of this title. Each day during which such failure or refusal to obey such cease and desist order continues shall be deemed a separate offense. If the offending registered entity or other person upon whom such penalty is imposed, after the lapse of the period allowed for appeal or after the affirmance of such penalty, shall fail to pay such penalty, the Commission shall refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court. In determining the amount of the money penalty assessed under this section, the Commission shall consider the gravity of the offense, and in the case of a registered entity shall further consider whether the amount of the penalty will materially impair the ability of the registered entity to carry on its operations and duties.

Source credit: (Sept. 21, 1922, ch. 369, § 6b, as added June 15, 1936, ch. 545, § 9, 49 Stat. 1500; amended Pub. L. 90–258, § 18, Feb. 19, 1968, 82 Stat. 31; Pub. L. 93–463, title II, § 212(b), Oct. 23, 1974, 88 Stat. 1403; Pub. L. 95–405, § 14, Sept. 30, 1978, 92 Stat. 872; Pub. L. 102–546, title II, §§ 209(b)(5), 212(c), Oct. 28, 1992, 106 Stat. 3607, 3609; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(14)], Dec. 21, 2000, 114 Stat. 2763, 2763A–409; Pub. L. 110–234, title XIII, § 13103(b), May 22, 2008, 122 Stat. 1433; Pub. L. 110–246, § 4(a), title XIII, § 13103(b), June 18, 2008, 122 Stat. 1664, 2195.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 21, 1922, ch. 369 · 49 Stat. 1500
  • 1968Amended · Pub. L. 90-258 · 82 Stat. 31
  • 1974Amended · Pub. L. 93-463 · 88 Stat. 1403
  • 1978Amended · Pub. L. 95-405 · 92 Stat. 872
  • 1992Amended · Pub. L. 102-546 · 106 Stat. 3607, 3609
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1433
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2195

A history note hasn’t been published yet. The record shows enactment by ch. 369 on 1922-09-21.

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