§ 13b. — Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment; misdemeanor or felony; separate offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC13b]
TITLE 7--AGRICULTURE
CHAPTER 1--COMMODITY EXCHANGES
Sec. 13b. Manipulations or other violations; cease and desist
orders against persons other than registered entities;
punishment; misdemeanor or felony; separate offenses
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
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 \1\ 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 section 13 of this title, such
person shall be guilty of a felony and, upon conviction thereof, shall
be subject to the penalties of said paragraph (a) or (b): Provided, 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.
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\1\ So in original. The words ``or the commission'' probably should
not appear.
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(Sept. 21, 1922, ch. 369, Sec. 6(d), formerly Sec. 6(c), as added Pub.
L. 90-258, Sec. 17, Feb. 19, 1968, 82 Stat. 31; amended Pub. L. 93-463,
title I, Sec. 103(a), (b), title II, Sec. 212(c), Oct. 23, 1974, 88
Stat. 1392, 1404; renumbered Sec. 6(d) and amended Pub. L. 102-546,
title II, Secs. 209(a)(1), (4), 212(b), Oct. 28, 1992, 106 Stat. 3606,
3609; Pub. L. 106-554, Sec. 1(a)(5) [title I, Sec. 123(a)(12)(D)], Dec.
21, 2000, 114 Stat. 2763, 2763A-409.)
Codification
Section is comprised of subsec. (d) of section 6 of act Sept. 21,
1922. Subsecs. (a) and (b) of section 6 are classified to section 8 of
this title. Subsec. (c) of section 6 is classified to sections 9 and 15
of this title. Subsecs. (e), (f), and (g) of section 6 are classified to
sections 9a, 9b, and 9c of this title, respectively.
Amendments
2000--Pub. L. 106-554 substituted ``registered entity'' for
``contract market'' in two places.
1992--Pub. L. 102-546 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''.
1974--Pub. L. 93-463, Secs. 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, Sec. 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''.
Effective Date of 1974 Amendment
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Effective Date
Section effective 120 days after Feb. 19, 1968, see section 28 of
Pub. L. 90-258, set out as an Effective Date of 1968 Amendment note
under section 2 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2, 9c of this title.
