section 9 of this titlesection 9 of this titlesection 13 of this titleProvidedsection 9 of this titleIf any person (other than a registered entity), is violating or has violated 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 , 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 , such person, upon conviction thereof, shall be subject to the penalties of said subsection (a) or (b): , 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 .
Sept. 21, 1922, ch. 369, § 6(d)Pub. L. 90–258, § 1782 Stat. 31Pub. L. 93–463, title I, § 103(a)88 Stat. 1392Pub. L. 102–546, title II106 Stat. 3606Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(D)]114 Stat. 2763Pub. L. 111–203, title VII124 Stat. 1731(, formerly § 6(c), as added , , ; amended , (b), title II, § 212(c), , , 1404; renumbered § 6(d) and amended , §§ 209(a)(1), (4), 212(b), , , 3609; , , , 2763A–409; , §§ 741(b)(4), 753(b), , , 1753.)
Editorial Notes
Codification
section 8 of this titlesection 9 of this titleSection is comprised of subsec. (d) of section 6 of act . Subsecs. (a) and (b) of section 6 are classified to . Subsec. (c) of section 6 is classified to . Subsecs. (e), (f), and (g) of section 6 are classified to sections 9a, 9b, and 9c of this title, respectively.
Amendments
Pub. L. 111–203, § 753(b)section 13 of this titleProvided2010—, amended section generally. Prior to amendment, text read as follows: “If any person (other than a registered entity) is manipulating or attempting to manipulate or has manipulated or attempted to manipulate the market price of any commodity, in interstate commerce, or for future delivery on or subject to the rules of any registered entity, or of any swap, or otherwise is violating or has violated any of the provisions of this chapter or of the rules, regulations, or orders of the Commission or the commission thereunder, the Commission may, upon notice and hearing, and subject to appeal as in other cases provided for in sections 9 and 15 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 fail or refuse to obey or comply with such order, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than the higher of $100,000 or triple the monetary gain to such person, or imprisoned for not less than six months nor more than one year, or both, except that if such failure or refusal to obey or comply with such order involves any offense within paragraph (a) or (b) of , such person shall be guilty of a felony and, upon conviction thereof, shall be subject to the penalties of said paragraph (a) or (b): , That any such cease and desist order against any respondent in any case of manipulation of, or attempt to manipulate, the price of any commodity shall be issued only in conjunction with an order issued against such respondent under sections 9 and 15 of this title. Each day during which such failure or refusal to obey or comply with such order continues shall be deemed a separate offense.”
Pub. L. 111–203, § 741(b)(4), inserted “or of any swap,” before “or otherwise is violating”.
Pub. L. 106–5542000— substituted “registered entity” for “contract market” in two places.
Pub. L. 102–5461992— made technical amendment to references to sections 9 and 15 of this title to reflect change in reference to corresponding section of original act and substituted “the higher of $100,000 or triple the monetary gain to such person” for “$100,000”.
Pub. L. 93–4631974—, §§ 103(a), 212(c), substituted “Commission” for “Secretary” before “may” and substituted “not more than $100,000” for “not less than $500 nor more than $10,000”.
Pub. L. 93–463, § 103(a), provided for substitution of “Commission” for “Secretary of Agriculture” except where such words would be stricken by section 103(b), which directed striking the words “the Secretary of Agriculture or” where they appeared in the phrase “the Secretary of Agriculture or the Commission”. Because the word “commission” was not capitalized in the text of this section, section 103(b) did not apply to this section and therefore section 103(a) was executed, resulting in the substitution of “the Commission or the commission” for “the Secretary of Agriculture or the commission”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
section 741(b)(4) of Pub. L. 111–203Pub. L. 111–203section 754 of Pub. L. 111–203section 1a of this titleAmendment by effective on the later of 360 days after , or, to the extent a provision of subtitle A (§§ 711–754) of title VII of requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see , set out as a note under .
section 753(b) of Pub. L. 111–203Pub. L. 111–203section 753(d) of Pub. L. 111–203section 9 of this titleAmendment by effective on the date on which the final rule promulgated by the Commodity Futures Trading Commission pursuant to takes effect [see 76 F.R. 41398, effective ], see , set out as a note under .
Effective Date of 1974 Amendment
Pub. L. 93–463section 418 of Pub. L. 93–463section 2 of this titleFor effective date of amendment by , see , set out as a note under .
Effective Date
section 28 of Pub. L. 90–258section 2 of this titleSection effective 120 days after , see , set out as an Effective Date of 1968 Amendment note under .