If any person (other than a registered entity), is violating or has violated section 9 of this title or any other provisions of this chapter 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 section 9 of this title, 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 of such order, shall knowingly fail or refuse to obey or comply with such order, such person, upon conviction thereof, shall be fined not more than the higher of $140,000 or triple the monetary gain to such person, or imprisoned for not more than 1 year, or both, except that if such knowing failure or refusal to obey or comply with such order involves any offense within subsection (a) or (b) of section 13 of this title, such person, upon conviction thereof, shall be subject to the penalties of said subsection (a) or (b): Provided, That any such cease and desist order under this section against any respondent in any case of manipulation shall be issued only in conjunction with an order issued against such respondent under section 9 of this title.
Notes of Decisions
Precious Metals Assocs., Inc. v. Commodity Futures Trading Comm'n, 620 F.2d 900 (1st Cir. 1980).
· cites it 2× “” 7 U.S.C. § 13b. In relevant part, § 9 states: After the issuance of the order by the Commission, the person against whom it is issued may obtain a review of such order or such other equitable relief as to the court may seem just by filing in the United States court of appeals…”
Jane Doe v. Dean Boland, 698 F.3d 877 (6th Cir. 2012).
“§ 2613 ; 7 U.S.C. § 13b; 11 U.S.C. § 363©. When faced with an agency order, to use one of these examples, how could a citizen cease but not desist? He could not.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008).
“§ 13a Disobeying cease and desist order by registered entity 6 months 7 U.S.C. § 13b Disobeying cease and desist order by person other than a 6 months registered entity 7 U.”
Robert F. Haltmier v. Commodity Futures Trading Comm'n, 554 F.2d 556 (2d Cir. 1977).
“§ 9 , the Commission, where it has been shown “[ujpon evidence received” that a charged person “is violating or has violated any provisions of [the Act]” may “prohibit * * * [that] person from trading on or subject to the rules of any contract market and require all contract…”
Michelson v. Merrill Lynch Pierce, Fenner & Smith, Inc., 619 F. Supp. 727 (S.D.N.Y. 1985).
· cites it 2× “17 7 U.S.C. §§ 13b, 13(b) & 13c(b). The defendants move to dismiss the portion of this claim based on CEA Sections 6(c) and 13(b) on the ground that there exists no private right of action under those sections.”
Stephen D. Flaxman v. Commodity Futures Trading Comm'n, 697 F.2d 782 (7th Cir. 1983).
· cites it 2× “7 U.S.C. § 13b. 9 Flaxman contends that the Commission erred in finding that his failure to report the 1970 order suspending him as a solicitor pending his appearance before a subcommittee of the Exchange constituted an omission of a “material fact.”
Hiatt Grain & Feed, Inc. v. Bergland, 446 F. Supp. 457 (D. Kan. 1978).
“7 U.S.C. § 13b sets forth the powers of the Commission to issue cease and desist orders to any person manipulating or attempting to manipulate the commodities markets.”
Strax v. Commodity Exch., Inc., 524 F. Supp. 936 (S.D.N.Y. 1981).
“We find that it is unnecessary to decide whether, as Strax argues, scienter is not essential to a claim of manipulation under this section, because he has made allegations of scienter sufficient to withstand this motion, to wit: “Between August 17, 1979 and March 26, 1980,…”
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