(a) Any person who commits, or who willfully aids, abets, counsels, commands, induces, or procures the commission of, a violation of any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant to this chapter, or who acts in combination or concert with any other person in any such violation, or who willfully causes an act to be done or omitted which if directly performed or omitted by him or another would be a violation of the provisions of this chapter or any of such rules, regulations, or orders may be held responsible for such violation as a principal.
(b) Any person who, directly or indirectly, controls any person who has violated any provision of this chapter or any of the rules, regulations, or orders issued pursuant to this chapter may be held liable for such violation in any action brought by the Commission to the same extent as such controlled person. In such action, the Commission has the burden of proving that the controlling person did not act in good faith or knowingly induced, directly or indirectly, the act or acts constituting the violation.
(c) Nothing in this chapter shall be construed as requiring the Commission or the Commission 11 So in original. The words “or the Commission” probably should not appear. to report minor violations of this chapter for prosecution, whenever it appears that the public interest does not require such action.
Structure US Code
CHAPTER 1— COMMODITY EXCHANGES
§ 6. Regulation of futures trading and foreign transactions
§ 6b. Contracts designed to defraud or mislead
§ 6e. Dealings by unregistered floor trader or broker prohibited
§ 6f. Registration and financial requirements; risk assessment
§ 6g. Reporting and recordkeeping
§ 6h. False self-representation as registered entity member prohibited
§ 6l. Commodity trading advisors and commodity pool operators; Congressional finding
§ 6p. Standards and examinations
§ 6q. Special procedures to encourage and facilitate bona fide hedging by agricultural producers
§ 6r. Reporting and recordkeeping for uncleared swaps
§ 6s. Registration and regulation of swap dealers and major swap participants
§ 6t. Large swap trader reporting
§ 7. Designation of boards of trade as contract markets
§ 7a–1. Derivatives clearing organizations
§ 7a–2. Common provisions applicable to registered entities
§ 7b. Suspension or revocation of designation as registered entity
§ 7b–1. Designation of securities exchanges and associations as contract markets
§ 7b–3. Swap execution facilities
§ 9. Prohibition regarding manipulation and false information
§ 9a. Assessment of money penalties
§ 9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices
§ 9c. Notice of investigations and enforcement actions
§ 12a. Registration of commodity dealers and associated persons; regulation of registered entities
§ 12b. Trading ban violations; prohibition
§ 12d. Commission action for noncompliance with export sales reporting requirements
§ 12e. Repealed. , , , 2763A–410
§ 13. Violations generally; punishment; costs of prosecution
§ 13a–1. Enjoining or restraining violations
§ 13a–2. Jurisdiction of States
§ 13c. Responsibility as principal; minor violations
§ 15b. Cotton futures contracts
§ 16a. Service fees and National Futures Association study
§ 17a. Separability of 1936 amendment
§ 17b. Separability of 1968 amendment
§ 18. Complaints against registered persons
§ 19. Consideration of costs and benefits and antitrust laws
§ 21. Registered futures associations
§ 22. Research and information programs; reports to Congress
§ 23. Standardized contracts for certain commodities
§ 24. Customer property with respect to commodity broker debtors; definitions
§ 25. Private rights of action
§ 26. Commodity whistleblower incentives and protection
§ 27a. Exclusion of identified banking product
§ 27c. Exclusion of certain other identified banking products