(a) Statutory inflation adjustment of civil monetary penalties. The Inflation Adjustment Act of 1990, as amended, requires annual inflation adjustments to the civil monetary penalties imposed under the Commodity Exchange Act for violations that occurred on or after November 2, 2015. The Commission will publish notice of these adjusted penalty amounts in the Federal Register. The inflation adjustment is calculated by multiplying the maximum dollar amount of the civil monetary penalty for the previous calendar year by the cost-of-living inflation adjustment multiplier provided by the Office Management and Budget, which is based on the change in the Consumer Price Index, and rounding the total to the nearest dollar. Set forth in the charts in paragraph (b) of this section are the inflation adjusted penalty amounts for violations occurring on or after November 2, 2015 and the penalty amounts for violations that occurred prior to November 2, 2015. These penalty charts are also available on the Commission's website at: http://www.cftc.gov/LawRegulation/Enforcement/InflationAdjustedCivilMonetaryPenalties/index.htm.
(b) 2021 Inflation adjustment. The maximum amount of each civil monetary penalty in the following charts applies to penalties assessed after January 15, 2021:
(1) For non-manipulation or attempted manipulation violations:
Table 1 to Paragraph (b)(1)
| U.S. Code citation | Civil monetary penalty description | Date of violation and corresponding penalty | |||
|---|---|---|---|---|---|
| 10/23/2004 through 10/22/2008 |
10/23/2008 through 10/22/2012 |
10/23/2012 through 11/01/2015 |
11/02/2015 to present |
||
| Civil Monetary Penalty Imposed By The Commission In An Administrative Action | |||||
| 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) | For any person other than a registered entity1 | $130,000 | $130,000 | $140,000 | $170,129 |
| 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) | For a registered entity1 or any of its directors, officers or employees | 625,000 | 675,000 | 700,000 | 937,161 |
| Civil Monetary Penalty Imposed By A Federal District Court In A Civil Injunctive Action | |||||
| 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) | Any Person | 130,000 | 140,000 | 140,000 | 187,432 |
1The term “Registered Entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).
(2) For manipulation or attempted manipulation violations:
Table 2 to Paragraph (b)(2)
| U.S. Code citation | Civil monetary penalty description | Date of violation and corresponding penalty | |||
|---|---|---|---|---|---|
| 10/23/2004 through 05/21/2008 |
05/22/2008 through 08/14/2011 |
08/15/2011 through 11/01/2015 |
11/02/2015 to present |
||
| Civil Monetary Penalty Imposed By The Commission In An Administrative Action | |||||
| 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) | For any person other than a registered entity1 | $130,000 | $1,000,000 | $1,025,000 | $1,227,202 |
| 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) | For a registered entity1 or any of its directors, officers or employees | 625,000 | 1,000,000 | 1,025,000 | 1,227,202 |
| Civil Monetary Penalty Imposed By A Federal District Court In A Civil Injunctive Action | |||||
| 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) | Any Person | 130,000 | 1,000,000 | 1,025,000 | 1,227,202 |
1The term “Registered Entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).
[83 FR 9428, Mar. 6, 2018, as amended at 84 FR 3104, Feb. 11, 2019; 85 FR 1749, Jan. 13, 2020; 86 FR 7804, Feb. 2, 2021]
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