Page:United States Statutes at Large Volume 124.djvu/1779

 124 STAT. 1753 PUBLIC LAW 111–203—JULY 21, 2010 9(a)(2), a civil penalty of not more than an amount equal to the greater of— ‘‘(I) $1,000,000; or ‘‘(II) triple the monetary gain to the person for each such violation; and ‘‘(D) require restitution to customers of damages proxi- mately caused by violations of the person. ‘‘(11) ORDERS.— ‘‘(A) NOTICE.—The Commission shall provide to a per- son described in paragraph (10) and the appropriate gov- erning board of the registered entity notice of the order described in paragraph (10) by— ‘‘(i) registered mail; ‘‘(ii) certified mail; or ‘‘(iii) personal delivery. ‘‘(B) REVIEW.— ‘‘(i) IN GENERAL.—A person described in paragraph (10) may obtain a review of the order or such other equitable relief as determined to be appropriate by a court described in clause (ii). ‘‘(ii) PETITION.—To obtain a review or other relief under clause (i), a person may, not later than 15 days after notice is given to the person under clause (i), file a written petition to set aside the order with the United States Court of Appeals— ‘‘(I) for the circuit in which the petitioner car- ries out the business of the petitioner; or ‘‘(II) in the case of an order denying registra- tion, the circuit in which the principal place of business of the petitioner is located, as listed on the application for registration of the petitioner. ‘‘(C) PROCEDURE.— ‘‘(i) DUTY OF CLERK OF APPROPRIATE COURT.—The clerk of the appropriate court under subparagraph (B)(ii) shall transmit to the Commission a copy of a petition filed under subparagraph (B)(ii). ‘‘(ii) DUTY OF COMMISSION.—In accordance with section 2112 of title 28, United States Code, the Commission shall file in the appropriate court described in subparagraph (B)(ii) the record theretofore made. ‘‘(iii) JURISDICTION OF APPROPRIATE COURT.—Upon the filing of a petition under subparagraph (B)(ii), the appropriate court described in subparagraph (B)(ii) may affirm, set aside, or modify the order of the Commission.’’. (b) CEASE AND DESIST ORDERS, FINES.—Section 6(d) of the Commodity Exchange Act (7 U.S.C. 13b) is amended to read as follows: ‘‘(d) If any person (other than a registered entity), is violating or has violated subsection (c) or any other provisions of this Act or of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing, and subject to appeal as in other cases provided for in subsection (c), 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 Penalty. Records.