(a) Statutory inflation adjustment of civil monetary penalties. The Inflation Adjustment Act of 1990, as amended, requires annual inflation adjustments to the civil monetary penalties imposed under the Commodity Exchange Act for violations that occurred on or after November 2, 2015. The Commission will publish notice of these adjusted penalty amounts in the Federal Register. The inflation adjustment is calculated by multiplying the maximum dollar amount of the civil monetary penalty for the previous calendar year by the cost-of-living inflation adjustment multiplier provided by the Office Management and Budget, which is based on the change in the Consumer Price Index, and rounding the total to the nearest dollar. Set forth in the charts in paragraph (b) of this section are the inflation adjusted penalty amounts for violations occurring on or after November 2, 2015 and the penalty amounts for violations that occurred prior to November 2, 2015. These penalty charts are also available on the Commission’s website at: http://www.cftc.gov/LawRegulation/Enforcement/InflationAdjustedCivilMonetaryPenalties/index.htm.

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(b) 2023 Inflation adjustment. The maximum amount of each civil monetary penalty in the following charts applies to penalties assessed after January 15, 2023:

(1) For non-manipulation or attempted manipulation violations:

Table 1 to Paragraph (b)(1)

U.S. Code citationCivil monetary penalty descriptionDate of violation and corresponding penalty
10/23/2004
through
10/22/2008		10/23/2008
through
10/22/2012		10/23/2012
through
11/01/2015		11/02/2015
to present
Civil Monetary Penalty Imposed By The Commission In An Administrative Action
7 U.S.C. 9 (section 6(c) of the Commodity Exchange Act)For any person other than a registered entity 1$130,000$130,000$140,000$194,710
7 U.S.C. § 13a (section 6b of the Commodity Exchange Act)For a registered entity 1 or any of its directors, officers or employees625,000675,000700,0001,072,570
Civil Monetary Penalty Imposed By A Federal District Court In A Civil Injunctive Action
7 U.S.C. §§ 13a–1 (section 6c of the Commodity Exchange Act)Any Person130,000140,000140,000214,514

1 The term “registered entity” is defined in 7 U.S.C. § 1a (section 1a of the Commodity Exchange Act).

(2) For manipulation or attempted manipulation violations:

Table 1 to Paragraph (b)(2)

U.S. Code citationCivil monetary penalty descriptionDate of violation and corresponding penalty
10/23/2004
through
05/21/2008		05/22/2008
through
08/14/2011		08/15/2011
through
11/01/2015		11/02/2015
to present
Civil Monetary Penalty Imposed By The Commission In An Administrative Action
7 U.S.C. 9 (section 6(c) of the Commodity Exchange Act)For any person other than a registered entity 1$130,000$1,000,000$1,025,000$1,404,520
7 U.S.C. § 13a (section 6b of the Commodity Exchange Act)For a registered entity 1 or any of its directors, officers or employees625,0001,000,0001,025,0001,404,520
Civil Monetary Penalty Imposed By A Federal District Court In A Civil Injunctive Action
7 U.S.C. §§ 13a–1 (section 6c of the Commodity Exchange Act)Any Person130,0001,000,0001,025,0001,404,520

1 The term “registered entity” is defined in 7 U.S.C. § 1a (section 1a of the Commodity Exchange Act).

[83 FR 9428, Mar. 6, 2018, as amended at 88 FR 1502, Jan. 11, 2023]
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