US Code

Public Law 119-83 (04/13/2026)

7 U.S.C. § 9a

Assessment of money penalties

(1)
section 9 of this title In determining the amount of the money penalty assessed under , the Commission shall consider the appropriateness of such penalty to the gravity of the violation.
(2)
section 9 of this titlesection 9 of this title Unless the person against whom a money penalty is assessed under shows to the satisfaction of the Commission within fifteen days from the expiration of the period allowed for payment of such penalty that either an appeal as authorized by has been taken or payment of the full amount of the penalty then due has been made, at the end of such fifteen-day period and until such person shows to the satisfaction of the Commission that payment of such amount with interest thereon to date of payment has been made—
(A)
such person shall be prohibited automatically from the privileges of all registered entities; and
(B)
if such person is registered with the Commission, such registration shall be suspended automatically.
(3)
section 9 of this title If a person against whom a money penalty is assessed under takes an appeal and if the Commission prevails or the appeal is dismissed, unless such person shows to the satisfaction of the Commission that payment of the full amount of the penalty then due has been made by the end of thirty days from the date of entry of judgment on the appeal—
(A)
such person shall be prohibited automatically from the privileges of all registered entities; and
(B)
if such person is registered with the Commission, such registration shall be suspended automatically.
If the person against whom the money penalty is assessed fails to pay such penalty after the lapse of the period allowed for appeal or after the affirmance of such penalty, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.
(4)
section 2(h) of this titlesection 2(h) of this title Any designated clearing organization that knowingly or recklessly evades or participates in or facilitates an evasion of the requirements of shall be liable for a civil money penalty in twice the amount otherwise available for a violation of .
(5)
section 2(h) of this titlesection 2(h) of this title Any swap dealer or major swap participant that knowingly or recklessly evades or participates in or facilitates an evasion of the requirements of shall be liable for a civil money penalty in twice the amount otherwise available for a violation of .

Sept. 21, 1922, ch. 369, § 6(e) Pub. L. 93–463, title II, § 212(a)(3)88 Stat. 1403 Pub. L. 102–546, title II, § 209(a)(1)106 Stat. 3606 Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(E)]114 Stat. 2763 Pub. L. 111–203, title VII, § 741(b)(11)124 Stat. 1732 (, formerly § 6(d), as added , , ; renumbered § 6(e) and amended , (5), , ; , , , 2763A–409; , , .)

Editorial Notes

Codification

section 8 of this titlesection 9 of this titleSection is comprised of subsec. (e) of section 6 of act . Subsecs. (a) and (b) of section 6 are classified to . Subsec. (c) of section 6 is classified to . Subsecs. (d), (f), and (g) of section 6 are classified to sections 13b, 9b, and 9c of this title, respectively.

Amendments

Pub. L. 111–2032010—Pars. (4), (5). added pars. (4) and (5).

Pub. L. 106–5542000—Pars. (2)(A), (3)(A). substituted “the privileges of all registered entities” for “trading on all contract markets”.

Pub. L. 102–5461992— amended section generally. Prior to amendment, section read as follows: “In determining the amount of the money penalty assessed under sections 9 and 15 of this title, the Commission shall consider, in the case of a person whose primary business involves the use of the commodity futures market—the appropriateness of such penalty to the size of the business of the person charged, the extent of such person’s ability to continue in business, and the gravity of the violation; and in the case of a person whose primary business does not involve the use of the commodity futures market—the appropriateness of such penalty to the net worth of the person charged, and the gravity of the violation. If the offending 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

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 .

Effective Date

section 418 of Pub. L. 93–463section 2 of this titleFor effective date of section, see , set out as an Effective Date of 1974 Amendment note under .