Page:United States Statutes at Large Volume 124.djvu/1777

 124 STAT. 1751 PUBLIC LAW 111–203—JULY 21, 2010 Commission under this Act, or any other information relating to a swap, or a contract of sale of a commodity, in interstate commerce, or for future delivery on or subject to the rules of any registered entity, or to omit to state in any such state- ment any material fact that is necessary to make any statement of a material fact made not misleading in any material respect, if the person knew, or reasonably should have known, the statement to be false or misleading. ‘‘(3) OTHER MANIPULATION.—In addition to the prohibition in paragraph (1), it shall be unlawful for any person, directly or indirectly, to manipulate or attempt to manipulate the price of any swap, or of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity. ‘‘(4) ENFORCEMENT.— ‘‘(A) AUTHORITY OF COMMISSION.—If the Commission has reason to believe that any person (other than a reg- istered entity) is violating or has violated this subsection, or any other provision of this Act (including any rule, regulation, or order of the Commission promulgated in accordance with this subsection or any other provision of this Act), the Commission may serve upon the person a complaint. ‘‘(B) CONTENTS OF COMPLAINT.—A complaint under subparagraph (A) shall— ‘‘(i) contain a description of the charges against the person that is the subject of the complaint; and ‘‘(ii) have attached or contain a notice of hearing that specifies the date and location of the hearing regarding the complaint. ‘‘(C) HEARING.—A hearing described in subparagraph (B)(ii)— ‘‘(i) shall be held not later than 3 days after service of the complaint described in subparagraph (A); ‘‘(ii) shall require the person to show cause regarding why— ‘‘(I) an order should not be made— ‘‘(aa) to prohibit the person from trading on, or subject to the rules of, any registered entity; and ‘‘(bb) to direct all registered entities to refuse all privileges to the person until further notice of the Commission; and ‘‘(II) the registration of the person, if registered with the Commission in any capacity, should not be suspended or revoked; and ‘‘(iii) may be held before— ‘‘(I) the Commission; or ‘‘(II) an administrative law judge designated by the Commission, under which the administra- tive law judge shall ensure that all evidence is recorded in written form and submitted to the Commission. ‘‘(5) SUBPOENA.—For the purpose of securing effective enforcement of the provisions of this Act, for the purpose of any investigation or proceeding under this Act, and for the purpose of any action taken under section 12(f), any member Records. Deadline.