ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

15 U.S.C. § 78ffPenalties

submitted 92 years ago by ch. 404 to r/title-15-COMMERCE-AND-TRADE · 523 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets criminal and civil penalties for breaking federal securities law. It covers willful violations, false filings, and failing to file required reports. Special penalties apply to bribery violations under section 78dd–1.

(a) Willful violations and false statements Anyone who willfully breaks any provision of this chapter (except section 78dd–1) — or any rule required under it — can be fined up to $5,000,000 and imprisoned up to 20 years, or both, once convicted. The same penalty applies to anyone who willfully and knowingly makes, or has someone else make, a false or misleading statement about a material fact in an application, report, or document required under this chapter, in a registration statement's undertakings, or in an application to join or become associated with a self-regulatory organization. If the person is not an individual (for example, a company), the fine can go up to $25,000,000 instead. Nobody can be imprisoned for violating a rule or regulation if they prove they didn't know about that rule. (b) Failing to file reports An issuer that fails to file information, documents, or reports required under section 78o(d) or its rules must forfeit $100 to the United States for every day the failure continues. This forfeiture replaces any criminal penalty that might otherwise apply under subsection (a) for the same failure to file. It's paid into the U.S. Treasury and can be collected through a civil lawsuit brought in the name of the United States. (c) Penalties for bribery violations under section 78dd–1 An issuer that violates subsection (a) or (g) of section 78dd–1 can be fined up to $2,000,000, and can also face a separate civil penalty of up to $10,000 imposed by the SEC. An officer, director, employee, or agent of an issuer — or a stockholder acting on the issuer's behalf — who willfully violates subsection (a) or (g) of section 78dd–1 can be fined up to $100,000 and imprisoned up to 5 years, or both. The same kind of person, even without acting willfully, can face a separate civil penalty of up to $10,000 imposed by the SEC. Whenever a fine is imposed on an officer, director, employee, agent, or stockholder under the paragraph above, the issuer is not allowed to pay that fine for them, directly or indirectly.
the actual law source: uscode.house.gov ↗public domain
(a) Willful violations; false and misleading statements

Any person who willfully violates any provision of this chapter (other than section 78dd–1 of this title), or any rule or regulation thereunder the violation of which is made unlawful or the observance of which is required under the terms of this chapter, or any person who willfully and knowingly makes, or causes to be made, any statement in any application, report, or document required to be filed under this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 78o of this title, or by any self-regulatory organization in connection with an application for membership or participation therein or to become associated with a member thereof which statement was false or misleading with respect to any material fact, shall upon conviction be fined not more than $5,000,000, or imprisoned not more than 20 years, or both, except that when such person is a person other than a natural person, a fine not exceeding $25,000,000 may be imposed; but no person shall be subject to imprisonment under this section for the violation of any rule or regulation if he proves that he had no knowledge of such rule or regulation.

(b) Failure to file information, documents, or reports

Any issuer which fails to file information, documents, or reports required to be filed under subsection (d) of section 78o of this title or any rule or regulation thereunder shall forfeit to the United States the sum of $100 for each and every day such failure to file shall continue. Such forfeiture, which shall be in lieu of any criminal penalty for such failure to file which might be deemed to arise under subsection (a) of this section, shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States.

(c) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers
(1)
(A)

Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not more than $2,000,000.

(B)

Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.

(2)
(A)

Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who willfully violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not more than $100,000, or imprisoned not more than 5 years, or both.

(B)

Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.

(3)

Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of an issuer, such fine may not be paid, directly or indirectly, by such issuer.

Source credit: (June 6, 1934, ch. 404, title I, § 32, 48 Stat. 904; May 27, 1936, ch. 462, § 9, 49 Stat. 1380; June 25, 1938, ch. 677, § 4, 52 Stat. 1076; Pub. L. 88–467, § 11, Aug. 20, 1964, 78 Stat. 580; Pub. L. 94–29, §§ 23, 27(b), June 4, 1975, 89 Stat. 162, 163; Pub. L. 95–213, title I, § 103(b), Dec. 19, 1977, 91 Stat. 1496; Pub. L. 98–376, § 3, Aug. 10, 1984, 98 Stat. 1265; Pub. L. 100–418, title V, § 5003(b), Aug. 23, 1988, 102 Stat. 1419; Pub. L. 100–704, § 4, Nov. 19, 1988, 102 Stat. 4680; Pub. L. 105–366, § 2(d), Nov. 10, 1998, 112 Stat. 3303; Pub. L. 107–204, title XI, § 1106, July 30, 2002, 116 Stat. 810.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 6, 1934, ch. 404 · 48 Stat. 904
  • 1936Amended · Act of May 27, 1936, ch. 462 · 49 Stat. 1380
  • 1938Amended · Act of June 25, 1938, ch. 677 · 52 Stat. 1076
  • 1964Amended · Pub. L. 88-467 · 78 Stat. 580
  • 1975Amended · Pub. L. 94-29 · 89 Stat. 162, 163
  • 1977Amended · Pub. L. 95-213 · 91 Stat. 1496
  • 1984Amended · Pub. L. 98-376 · 98 Stat. 1265
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1419
  • 1988Amended · Pub. L. 100-704 · 102 Stat. 4680
  • 1998Amended · Pub. L. 105-366 · 112 Stat. 3303
  • 2002Amended · Pub. L. 107-204 · 116 Stat. 810

A history note hasn’t been published yet. The record shows enactment by ch. 404 on 1934-06-06.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case