§ 13a–1.
(d)
Civil penalties
(1)
In general.—
In any action brought under this section, the Commission may seek and the court shall have jurisdiction to impose, on a proper showing, on any person found in the action to have committed any violation—
(A)
a civil penalty in the amount of not more than the greater of $100,000 or triple the monetary gain to the person for each violation; or
(B)
in any case of manipulation or attempted manipulation in violation of section 9, 15, 13b, or 13(a)(2) of this title, a civil penalty in the amount of not more than the greater of $1,000,000 or triple the monetary gain to the person for each violation.
(2)
If a person on whom such a penalty is imposed fails to pay the penalty within the time prescribed in the court’s order, the Commission may refer the matter to the Attorney General who shall recover the penalty by action in the appropriate United States district court.
(3)
Equitable remedies.—
In any action brought under this section, the Commission may seek, and the court may impose, on a proper showing, on any person found in the action to have committed any violation, equitable remedies including—
(A)
restitution to persons who have sustained losses proximately caused by such violation (in the amount of such losses); and
(B)
disgorgement of gains received in connection with such violation.
([Sept. 21, 1922, ch. 369, § 6c], as added [Pub. L. 93–463, title II, § 211], Oct. 23, 1974, [88 Stat. 1402]; amended [Pub. L. 97–444, title II, § 220], Jan. 11, 1983, [96 Stat. 2308]; [Pub. L. 99–641, title I, § 104], Nov. 10, 1986, [100 Stat. 3557]; [Pub. L. 102–546, title II, § 221], Oct. 28, 1992, [106 Stat. 3614]; [Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(15), title II, § 253(c)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–409, 2763A–449; [Pub. L. 110–234, title XIII, § 13103(c)], May 22, 2008, [122 Stat. 1434]; [Pub. L. 110–246, § 4(a)], title XIII, § 13103(c), June 18, 2008, [122 Stat. 1664], 2196; [Pub. L. 111–203, title VII], §§ 741(b)(5), 744, July 21, 2010, [124 Stat. 1731], 1735.)