7 U.S.C. § 12c — Disciplinary actions

FEDERAL · 7 U.S.C. · Chapter 1

Disciplinary actions

7 U.S.C. § 12c

Chapter1 — COMMODITY EXCHANGES

This text of 7 U.S.C. § 12c (Disciplinary actions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

7 U.S.C. § 12c.

Text

(a)Action taken; written notice of reasons for action

(1)Any exchange or the Commission if the exchange fails to act, may suspend, expel, or otherwise discipline any person who is a member of that exchange, or deny any person access to the exchange. Any such action shall be taken solely in accordance with the rules of that exchange.

(2)Any suspension, expulsion, disciplinary, or access denial procedure established by an exchange rule shall provide for written notice to the Commission and to the person who is suspended, expelled, or disciplined, or denied access, within thirty days, which includes the reasons for the exchange action in the form and manner the Commission prescribes. An exchange shall make public its findings and the reasons for the exchange action in any such proceeding,

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(a) Action taken; written notice of reasons for action
(1) Any exchange or the Commission if the exchange fails to act, may suspend, expel, or otherwise discipline any person who is a member of that exchange, or deny any person access to the exchange. Any such action shall be taken solely in accordance with the rules of that exchange.
(2) Any suspension, expulsion, disciplinary, or access denial procedure established by an exchange rule shall provide for written notice to the Commission and to the person who is suspended, expelled, or disciplined, or denied access, within thirty days, which includes the reasons for the exchange action in the form and manner the Commission prescribes. An exchange shall make public its findings and the reasons for the exchange action in any such proceeding, including the action taken or the penalty imposed, but shall not disclose the evidence therefor, except to the person who is suspended, expelled, or disciplined, or denied access, and to the Commission.
(b) Review by Commission
The Commission may, in its discretion and in accordance with such standards and procedures as it deems appropriate, review any decision by an exchange whereby a person is suspended, expelled, otherwise disciplined, or denied access to the exchange. In addition, the Commission may, in its discretion and upon application of any person who is adversely affected by any other exchange action, review such action.
(c) Affirmance, modification, set aside, or remand of action
The Commission may affirm, modify, set aside, or remand any exchange decision it reviews pursuant to subsection (b), after a determination on the record whether the action of the exchange was in accordance with the policies of this chapter. Subject to judicial review, any order of the Commission entered pursuant to subsection (b) shall govern the exchange in its further treatment of the matter.
(d) Stay of action
The Commission, in its discretion, may order a stay of any action taken pursuant to subsection (a) pending review thereof.
(e) Major disciplinary rule violations
(1) The Commission shall issue regulations requiring each registered entity to establish and make available to the public a schedule of major violations of any rule within the disciplinary jurisdiction of such registered entity.
(2) The regulations issued by the Commission pursuant to this subsection shall prohibit, for a period of time to be determined by the Commission, any individual who is found to have committed any major violation from service on the governing board of any registered entity or registered futures association, or on any disciplinary committee thereof.

Neil Leist, Philip Smith and Incomco v. John Richard Simplot, J. R. Simplot & Co., Simplot Products Co., Inc., Simplot Industries, Inc., Simtag Farms, Inc., Peter J. Taggares, P. J. Taggares & Co., Henry A. Pollack, Harvey B. Pollack, Harvey B. Pollack Company, Gerald Rafferty, Pressner Trading Corp., Benjamin Pressner, Stephen Sundheimer, Jules Nordlight, Edelstein & Co., Inc., Charles Edelstein, Robert Edelstein, Murial Edelstein, Meierfeld & Company, Inc., Gilbert Meierfeld, David Meierfeld, Robert Reardon, F. J. Reardon, Inc., Harold Collins, Caspar Mayerson, Lynnewood Exporting Company, Alex Sinclair, Manning Stoller, Hornblower & Weeks-Hemphill, Noyes Inc., Mfx Commodities, Inc., Donald Silver, Duane South, Kenneth Ramm, a & B Farming Inc., Hugh Glenn, Gearheart Farming, Inc., Edward McKay "John" Humphreys, Frank Fullmer, Clayton Brokerage Co. Of St. Louis, Inc., Heinold Commodities, Inc., Thomson & McKinnon Auchincloss, Kohlmeyer, Inc., New York Mercantile Exchange, Richard B. Levine, Howard Gabler, Alfred Pennisi, Incomco v. Wayne County Produce Co., and Harold Collins, New York Mercantile Exchange, National Super Spuds, Inc., William R. Buster, Jr., Willard C. Chiner, Eugene P. Weismen, Richard Welts, Raymond Rothberg, Arthur S. Armstrong, Theodore Brinek, Capgain Holdings, Inc., and Heiz Romminger, Individually and on Behalf of All Persons Similarly Situated v. New York Mercantile Exchange, Clayton Brokerage Co. Of St. Louis, Inc., Pressner Trading Corp., Jack Richard Simplot, J. R. Simplot Co., Simplot Industries, Inc., Peter J. Taggares, P. J. Taggares Co., C. L. Otter, Simtag Farms, Kenneth Ramm, a & B Farms, Inc., Hugh v. Glenn, Gearheart Farming, Inc. And Ed McKay Heinold Commodities, Inc., Thompson & McKinnon Auchincloss, Kohlmeyer, Inc.

638 F.2d 283 (Second Circuit, 1981)

1 case citations

Cardoza v. Commodity Futures Trading Commission

588 F. Supp. 621 (N.D. Illinois, 1984)

1 case citations

Cardoza v. COM. FUTURES TRADING COM'N

588 F. Supp. 621 (N.D. Illinois, 1984)

Arnold v. Commodity Futures Trading Commission

987 F. Supp. 1463 (S.D. Florida, 1997)

Board of Trade v. Commodity Futures Trading Commission

818 F. Supp. 228 (N.D. Illinois, 1993)

Rivers v. Rosenthal & Company

634 F.2d 774 (Fifth Circuit, 1980)

Source Credit

History

(Sept. 21, 1922, ch. 369, §8c, as added Pub. L. 93–463, title II, §216, Oct. 23, 1974, 88 Stat. 1405; amended Pub. L. 95–405, §18, Sept. 30, 1978, 92 Stat. 874; Pub. L. 102–546, title II, §206(a)(2), Oct. 28, 1992, 106 Stat. 3602; Pub. L. 106–554, §1(a)(5) [title I, §123(a)(20)], Dec. 21, 2000, 114 Stat. 2763, 2763A–410.)

Editorial Notes

Editorial Notes

Amendments
2000—Subsec. (e). Pub. L. 106–554 substituted "registered entity" for "contract market" wherever appearing.
1992—Pub. L. 102–546 redesignated pars. (1) to (4) as subsecs. (a) to (d), respectively, in subsec. (a) redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, in subsec. (c) substituted references to subsection (b) for references to paragraph (2), in subsec. (d) substituted reference to subsection (a) for reference to paragraph (1), and added subsec. (e).
1978—Par. (1)(B). Pub. L. 95–405 substituted "An exchange shall make public its findings and the reasons for the exchange action in any such proceeding, including the action taken or the penalty imposed, but shall not disclose the evidence therefor, except to the person who is suspended, expelled, or disciplined or denied access, and to the Commission" for "Otherwise the notice and reasons shall be kept confidential".

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment
Amendment by Pub. L. 95–405 effective Oct. 1, 1978, see section 28 of Pub. L. 95–405, set out as a note under section 2 of this title.

Effective Date
For effective date of section, see section 418 of Pub. L. 93–463, set out as an Effective Date of 1968 Amendment note under section 2 of this title.

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7 U.S.C. § 12c, Counsel Stack Legal Research, https://law.counselstack.com/usc/7/12c.