Page:United States Statutes at Large Volume 122.djvu/2218

 12 2 STA T . 21 95PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (B)wil l fu ll ytomake o rc au s eto b ema d etot h e other p erso n any false report or statement or willfully to enter or cause to be entered for the other person any false record ‘‘( C ) willfully to decei v e or attempt to deceive the other person by any means whatsoever in re g ard to any order or contract or the disposition or e x ecution of any order or contract , or in regard to any act of agency performed, with respect to any order or contract for or, in the case of paragraph ( 2 ), with the other person; or ‘‘( D )(i) to bucket an order if the order is either rep - resented by the person as an order to be executed, or is re q uired to be executed, on or sub j ect to the rules of a designated contract market; or ‘‘(ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or become the seller in respect to any buying order of the other person, if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market unless the order is executed in accordance with the rules of the designated contract market . ‘‘(b) C LARIF I C A T I ON . —S ubsection (a)(2) of this section shall not obligate any person, in or in connection with a transaction in a contract of sale of a commodity for future delivery, or other agreement, contract or transaction subject to paragraphs ( 1 ) and (2) of section 5 a(g), with another person, to disclose to the other person nonpublic information that may be material to the market price, rate, or level of the commodity or transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect. ’ ’. SEC.13 1 0 3.C RIM I NAL AN D CI V IL P ENAL T IES. (a) E NFORC EM ENT P O W ER S OFT H E COMMISSION.—Section 6 (c) of the Commodity Exchange A ct( 7U .S.C. 9, 15) is amended in clause ( 3 ) of the1 0 th sentence— (1) by inserting ‘‘(A)’’ after ‘‘assess such person’’; and (2) by inserting after ‘‘each such violation’’ the following

‘‘, or (B) in any case of manipulation or attempted manipulation in violation of this subsection, subsection (d) of this section, or section 9(a)(2), a civil penalty of not more than the greater of $ 1,000,000 or triple the monetary gain to the person for each such violation,’’. (b) N ONENFORCEMENT OF RU LES OF G O V ERNMENT OR O THER V IOLATIONS.—Section 6b of such Act (7 U.S.C. 13a) is amended— (1) in the first sentence, by inserting before the period at the end the following: ‘‘, or, in any case of manipulation or attempted manipulation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more than $1,000,000 for each such violation’’; and (2) in the second sentence, by inserting before the period at the end the following: ‘‘, except that if the failure or refusal to obey or comply with the order involved any offense under section 9(a)(2), the registered entity, director, officer, agent,

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