143.8—Inflation-adjusted civil monetary penalties.
(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 or orders promulgated thereunder that may be assessed or enforced by the Commission under the Commodity Exchange Act pursuant to an administrative proceeding or a civil action in Federal court will be:
(1)
Except as provided in paragraph (v) hereof, for each violation for which a civil monetary penalty is assessed against any person (other than a registered entity) pursuant to Section 6(c) of the Commodity Exchange Act, 7 U.S.C. 9 :
(i)
For violations 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;
(ii)
For violations 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;
(iii)
For violations 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
(iv)
For violations 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; provided that—
(v)
In any case of manipulation or attempted manipulation in violation of Section 6(c), 6(d), or 9(a)(2) of the Act 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)
Except as provided in paragraph (v) hereof, for each violation for which a civil monetary penalty is assessed against any registered entity or other person pursuant to Section 6c of the Commodity Exchange Act, 7 U.S.C. 13a-l :
(i)
For violations 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;
(ii)
For violations 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;
(iii)
For violations 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
(iv)
For violations 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; provided that—
(v)
In any case of manipulation or attempted manipulation in violation of Section 6(c), 6(d), or 9(a)(2) of the Act 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;
(3)
For each violation for which a civil monetary penalty is assessed against any registered entity or any director, officer, agent, or employee of any registered entity pursuant to Section 6b of the Commodity Exchange Act, 7 U.S.C. 13a :
(i)
For violations committed between November 27, 1996 and October 22, 2000, not more than $550,000 for each such violation;
(ii)
For violations committed between October 23, 2000 and October 22, 2004, not more than $575,000 for each such violation;
(iii)
For violations committed between October 23, 2004 and October 22, 2008, not more than $625,000 for each such violation; and
(iv)
For violations committed on or after October 23, 2008, not more than the greater of $675,000 or triple the monetary gain to such person for each such violation, provided that—
(v)
In any case of manipulation or attempted manipulation in violation of Section 6(c), 6(d), or 9(a)(2) of the Act committed on or after May 22, 2008, not more than the greater of $1,000,000 or triple the monetary gain each such violation.
(b)
The Commission will adjust for inflation the maximum penalties set forth in this section at least once every four years.
(c)
Unless otherwise amended by an act of Congress, the penalties set forth in this section or any penalty adjusted for inflation in the future pursuant to paragraph (b) of this section shall be applicable only to violations of the Commodity Exchange Act, Commission rules, or Commission orders which occur after the date on which such future inflation adjustments become effective.