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7 U.S.C. § 13bManipulations or other violations; cease and desist orders against persons other than registered entities; punishment

submitted 104 years ago by Pub. L. 90-258 to r/title-7-AGRICULTURE · 231 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone who isn't a registered entity violates this law's anti-manipulation rules or other provisions, the Commission can order them, after a hearing, to stop. Knowingly disobeying that order is a crime, punishable by a fine or up to a year in prison, unless the violation involves fraud under section 13, which brings higher penalties instead.

This section covers Commission enforcement against violators who are not registered entities. If a person who is not a registered entity is violating, or has violated, section 9 of this title, any other part of this chapter, or a Commission rule, regulation, or order, the Commission — after notice and a hearing, with an appeal right like other cases under section 9 — can order that person to stop. If the person then knowingly fails or refuses to obey the order, after the appeal period ends or after the order is upheld, that is a crime: a fine of the higher of $140,000 or triple the person's financial gain, or up to one year in prison, or both — except that if the disobeyed order involves an offense within subsection (a) or (b) of section 13, the person instead faces the penalties in that subsection. One condition: a cease-and-desist order under this section against someone accused of manipulation can only be issued together with an order against that same person under section 9.
the actual law source: uscode.house.gov ↗public domain

If any person (other than a registered entity), is violating or has violated section 9 of this title or any other provisions of this chapter or of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing, and subject to appeal as in other cases provided for in section 9 of this title, make and enter an order directing that such person shall cease and desist therefrom and, if such person thereafter and after the lapse of the period allowed for appeal of such order or after the affirmance of such order, shall knowingly fail or refuse to obey or comply with such order, such person, upon conviction thereof, shall be fined not more than the higher of $140,000 or triple the monetary gain to such person, or imprisoned for not more than 1 year, or both, except that if such knowing failure or refusal to obey or comply with such order involves any offense within subsection (a) or (b) of section 13 of this title, such person, upon conviction thereof, shall be subject to the penalties of said subsection (a) or (b): Provided, That any such cease and desist order under this section against any respondent in any case of manipulation shall be issued only in conjunction with an order issued against such respondent under section 9 of this title.

Source credit: (Sept. 21, 1922, ch. 369, § 6(d), formerly § 6(c), as added Pub. L. 90–258, § 17, Feb. 19, 1968, 82 Stat. 31; amended Pub. L. 93–463, title I, § 103(a), (b), title II, § 212(c), Oct. 23, 1974, 88 Stat. 1392, 1404; renumbered § 6(d) and amended Pub. L. 102–546, title II, §§ 209(a)(1), (4), 212(b), Oct. 28, 1992, 106 Stat. 3606, 3609; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(D)], Dec. 21, 2000, 114 Stat. 2763, 2763A–409; Pub. L. 111–203, title VII, §§ 741(b)(4), 753(b), July 21, 2010, 124 Stat. 1731, 1753.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 90-258 · 82 Stat. 31
  • 1974Amended · Pub. L. 93-463 · 88 Stat. 1392, 1404
  • 1992Amended · Pub. L. 102-546 · 106 Stat. 3606, 3609
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1731, 1753

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-258 on 1922-09-21.

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