The Stronger Enforcement of Civil Penalties Act of 2025 aims to enhance the severity of civil monetary penalties for violations across several federal securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940. This legislation updates the existing three-tier penalty structure for both administrative and civil actions, raising the base amounts for first and second-tier offenses. A key provision introduces a significantly expanded third tier for acts or omissions involving fraud, deceit, manipulation, or deliberate disregard of regulatory requirements. For these severe violations, the penalty will be the greater of: $1,000,000 for natural persons or $10,000,000 for other entities; three times the gross pecuniary gain to the violator; or the total amount of losses incurred by victims. This tier applies when the violation results in substantial losses, creates a significant risk of such losses, or leads to substantial pecuniary gain for the perpetrator. Furthermore, the bill establishes a new fourth tier specifically targeting recidivists. If a person has been criminally convicted of securities fraud or subject to a Commission action alleging fraud within the preceding five years, any new violation will incur a penalty three times the amount otherwise applicable under the first, second, or third tiers. This aims to impose harsher consequences on repeat offenders in the securities market. Finally, the legislation clarifies and strengthens enforcement regarding violations of injunctions and bars. It explicitly states that violating a federal court injunction, a Commission order barring or limiting activities, or a cease-and-desist order constitutes a separate offense. For continuing failures to comply with such orders, each day of non-compliance will be considered a distinct violation, thereby increasing potential penalties for prolonged disregard of regulatory directives.
Stronger Enforcement of Civil Penalties Act of 2023
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (Sponsor introductory remarks on measure: CR S6793-6794)
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Stronger Enforcement of Civil Penalties Act of 2025
USA119th CongressS-2920| Senate
| Updated: 9/19/2025
The Stronger Enforcement of Civil Penalties Act of 2025 aims to enhance the severity of civil monetary penalties for violations across several federal securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940. This legislation updates the existing three-tier penalty structure for both administrative and civil actions, raising the base amounts for first and second-tier offenses. A key provision introduces a significantly expanded third tier for acts or omissions involving fraud, deceit, manipulation, or deliberate disregard of regulatory requirements. For these severe violations, the penalty will be the greater of: $1,000,000 for natural persons or $10,000,000 for other entities; three times the gross pecuniary gain to the violator; or the total amount of losses incurred by victims. This tier applies when the violation results in substantial losses, creates a significant risk of such losses, or leads to substantial pecuniary gain for the perpetrator. Furthermore, the bill establishes a new fourth tier specifically targeting recidivists. If a person has been criminally convicted of securities fraud or subject to a Commission action alleging fraud within the preceding five years, any new violation will incur a penalty three times the amount otherwise applicable under the first, second, or third tiers. This aims to impose harsher consequences on repeat offenders in the securities market. Finally, the legislation clarifies and strengthens enforcement regarding violations of injunctions and bars. It explicitly states that violating a federal court injunction, a Commission order barring or limiting activities, or a cease-and-desist order constitutes a separate offense. For continuing failures to comply with such orders, each day of non-compliance will be considered a distinct violation, thereby increasing potential penalties for prolonged disregard of regulatory directives.