12 2 STA T . 21 96PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 orempl o y ee sha ll b e gui l t yo f a felo n yan d, on c on v iction, shall be sub j ect to penalties under section 9( a ) ( 2 ) ’ ’ . (c) ACTION TO E N J OIN O RRES TR A IN V IO L ATIONS. —S ection 6 c(d) of such Act ( 7U .S. C . 13 a – 1(d)) is amended by stri k ing all that precedes paragraph (2) and inserting the follo w ing
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‘(d) CI V IL P ENALTIES.— ‘‘(1) I N G ENERAL.—In any action brought under this section, the Commission may seek and the court shall have jurisdiction to impose, on a proper showing, on any person found in the action to have committed any violation— ‘‘(A) a civil penalty in the amount of not more than the greater of $ 1 0 0,000 or triple the monetary gain to the person for each violation
or ‘‘( B ) in any case of manipulation or attempted manipu - lation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty in the amount of not more than the greater of $1,000,000 or triple the monetary gain to the person for each violation.’’. (d) VIOLATIONS G ENERALL Y .—Section 9(a) of such Act (7 U.S.C. 13(a)) is amended in the matter preceding paragraph (1)— (1) by striking ‘‘(or $ 5 00,000 in the case of a person who is an individual)’’; and (2) by striking ‘‘five years’’ and inserting ‘‘10 years’’. SEC.13 1 04 . AUTHORIZ ATIO N O F A P PROPRIATIONS. Section 12(d) of the Commodity E x change Act (7 U.S.C. 16(d)) is amended to read as follows: ‘‘(d) T here are authori z ed to be appropriated such sums as are necessary to carry out this Act for each of the fiscal years 200 8 through 2013.’’. SEC. 1310 5 . TECHNICA L AN D CONFOR M IN G AMENDMENTS. (a) Section 4 a(e) of the Commodity Exchange Act (7 U.S.C. 6a(e)) is amended— (1) by inserting ‘‘or certified by a registered entity pursuant to section 5c(c)(1)’’ after ‘‘approved by the Commission’’ ; and (2) by striking ‘‘section 9(c)’’ and inserting ‘‘section 9(a)(5)’’. (b) Section 4f(c)(4)(B)(i) of such Act (7 U.S.C. 6f(c)(4)(B)(i)) is amended by striking ‘‘compiled’’ and inserting ‘‘complied’’. (c) Section 4k of such Act (7 U.S.C. 6k) is amended by redesig- nating the second paragraph (5) as paragraph (6). (d) The Commodity Exchange Act is amended— (1) by redesignating the first section 4p (7 U.S.C. 6o– 1), as added by section 121 of the Commodity F utures M od- ernization Act of 2000, as section 4 q
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(2) by moving such section to after the second section 4p, as added by section 206 of Public L aw 93–446. (e) Subsections (a)(1) and (d)(1) of section 5c of such Act (7 U.S.C. 7a–2(a)(1), (d)(1)) are each amended by striking ‘‘5b(d)(2)’’ and inserting ‘‘5b(c)(2)’’. (f) Sections 5c(f) and 17(r) of such Act (7 U.S.C. 7a–2(f), 21(r)) are each amended by striking ‘‘4d(3)’’ and inserting ‘‘4d(c)’’. (g) Section 8(a)(1) of such Act (7 U.S.C. 12(a)(1)) is amended in the matter following subparagraph (B)— (1) by striking ‘‘commenced’’ in the 2nd place it appears; and (2) by inserting ‘‘commenced’’ after ‘‘in a judicial pro- ceeding’’. 7USC6q.
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