§ 9a. — Assessment of money penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC9a]
TITLE 7--AGRICULTURE
CHAPTER 1--COMMODITY EXCHANGES
Sec. 9a. Assessment of money penalties
(1) In determining the amount of the money penalty assessed under
sections 9 and 15 of this title, the Commission shall consider the
appropriateness of such penalty to the gravity of the violation.
(2) Unless the person against whom a money penalty is assessed under
sections 9 and 15 of this title 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
sections 9 and 15 of this title 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) If a person against whom a money penalty is assessed under
sections 9 and 15 of this title 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.
(Sept. 21, 1922, ch. 369, Sec. 6(e), formerly Sec. 6(d), as added Pub.
L. 93-463, title II, Sec. 212(a)(3), Oct. 23, 1974, 88 Stat. 1403;
renumbered Sec. 6(e) and amended Pub. L. 102-546, title II,
Sec. 209(a)(1), (5), Oct. 28, 1992, 106 Stat. 3606; Pub. L. 106-554,
Sec. 1(a)(5) [title I, Sec. 123(a)(12)(E)], Dec. 21, 2000, 114 Stat.
2763, 2763A-409.)
Codification
Section is comprised of subsec. (e) 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. (d), (f), and (g) of section 6 are classified to
sections 13b, 9b, and 9c of this title, respectively.
Amendments
2000--Pars. (2)(A), (3)(A). Pub. L. 106-554 substituted ``the
privileges of all registered entities'' for ``trading on all contract
markets''.
1992--Pub. L. 102-546 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.''
Effective Date
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
Section Referred to in Other Sections
This section is referred to in section 12 of this title.
