(a) Unless otherwise amended by an act of Congress, the inflation-adjusted maximum civil monetary penalty for each violation of the Commodity Exchange Act or the rules, regulations or orders promulgated thereunder that may be assessed or enforced under the Commodity Exchange Act in an administrative proceeding before the Commission or a civil action in Federal court will be:
(1) For a civil penalty assessed pursuant to Section 6(c) of the Commodity Exchange Act, 7 U.S.C. 9, against any person (other than a registered entity):
(i) In an administrative proceeding before the Commission or a civil action in Federal court initiated prior to August 1, 2016:
(A) For manipulation or attempted manipulation violations:
(1) Committed on or after May 22, 2008, not more than the greater of $1,000,000 or triple the monetary gain to such person for each such violation; and
(2) [Reserved]
(B) For all other violations:
(1) Committed between November 27, 1996 and October 22, 2000, not more than the greater of $110,000 or triple the monetary gain to such person for each such violation;
(2) Committed between October 23, 2000 and October 22, 2004, not more than the greater of $120,000 or triple the monetary gain to such person for each such violation;
(3) Committed between October 23, 2004 and October 22, 2008, not more than the greater of $130,000 or triple the monetary gain to such person for each such violation; and
(4) Committed on or after October 23, 2008, not more than the greater of $140,000 or triple the monetary gain to such person for each such violation;
(ii) In an administrative proceeding before the Commission or a civil action in Federal court initiated on or after August 1, 2016:
(A) For manipulation or attempted manipulation violations, not more than the greater of $1,098,190 or triple the monetary gain to such person for each such violation; and
(B) For all other violations:
(1) Not more than the greater of $152,243 or triple the monetary gain to such person for each such violation; and
(2) [Reserved]
(2) For a civil monetary penalty assessed pursuant to Section 6(d) of the Commodity Exchange Act, 7 U.S.C. 13b, against any person (other than a registered entity):
(i) In an administrative proceeding before the Commission or a civil action in Federal court initiated prior to August 1, 2016, for violations committed on or after August 15, 2011, not more than the greater of $140,000 or triple the monetary gain to such person for each such violation; and
(ii) In an administrative proceeding before the Commission or a civil action in Federal court initiated prior or after August 1, 2016, not more than the greater of $152,243 or triple the monetary gain to such person for each such violation; and
(3) For a civil monetary penalty assessed pursuant to Section 6b of the Commodity Exchange Act, 7 U.S.C. 13a, against any registered entity or any director, officer, agent, or employee of any registered entity:
(i) In an administrative proceeding before the Commission or a civil action in Federal court initiated prior to August 1, 2016:
(A) For manipulation or attempted manipulation violations:
(1) Committed between May 22, 2008 and August 14, 2011, not more than the greater of $1,000,000 or triple the monetary gain to such person for each such violation;
(2) Committed on or after August 15, 2011, not more than the greater of $1,025,000 or triple the monetary gain to such person for each such violation; and
(B) For all other violations:
(1) Committed between November 27, 1996 and October 22, 2000, not more than $550,000 for each such violation;
(2) Committed between October 23, 2000 and October 22, 2004, not more than $575,000 for each such violation;
(3) Committed between October 23, 2004 and October 22, 2008, not more than $625,000 for each such violation;
(4) Committed between October 23, 2008 and October 22, 2012, not more than the greater of $675,000 or triple the monetary gain to such person for each such violation; and
(5) Committed on or after October 23, 2012, not more than the greater of $700,000 or triple the monetary gain to such person for each such violation; and
(ii) In an administrative proceeding before the Commission or a civil action in Federal court initiated on or after August 1, 2016:
(A) For manipulation or attempted manipulation violations, not more than the greater of $1,098,190 or triple the monetary gain to such person for each such violation; and
(B) For all other violations, not more than the greater of $838,640 or triple the monetary gain to such person for each such violation;
(4) For a civil monetary penalty assessed pursuant to Section 6c of the Commodity Exchange Act, 7 U.S.C. 13a-1, against any registered entity or other person:
(i) In an administrative proceeding before the Commission or a civil action in Federal court initiated prior to August 1, 2016:
(A) For manipulation or attempted manipulation violations:
(1) Committed between May 22, 2008 and August 14, 2011, not more than the greater of $1,000,000 or triple the monetary gain to such person for each such violation; and
(2) Committed on or after August 15, 2011, not more than the greater of $1,025,000 or triple the monetary gain to such person for each such violation; and
(B) For all other violations:
(1) Committed between November 27, 1996 and October 22, 2000, not more than the greater of $110,000 or triple the monetary gain to such person for each such violation;
(2) Committed between October 23, 2000 and October 22, 2004, not more than the greater of $120,000 or triple the monetary gain to such person for each such violation;
(3) Committed between October 23, 2004 and October 22, 2008, not more than the greater of $130,000 or triple the monetary gain to such person for each such violation; and
(4) Committed on or after October 23, 2008, not more than the greater of $140,000 or triple the monetary gain to such person for each such violation;
(ii) In an administrative proceeding before the Commission or a civil action in Federal court initiated on or after August 1, 2016:
(A) For manipulation or attempted manipulation violations, not more than the greater of $1,098,190 or triple the monetary gain to such person for each such violation; and
(B) For all other violations, not more than the greater of $167,728 or triple the monetary gain to such person for each such violation.
(b) The Commission will adjust for inflation the maximum penalties set forth in this section on a yearly basis.
[61 FR 55566, Oct. 28, 1996, as amended at 77 FR 65102, Oct. 25, 2012; 81 FR 41437, June 27, 2016]