Civil Money Penalty (CMP): What it is, How it Works (2024)

What Is a Civil Money Penalty (CMP)?

The term civil money penalty (CMP) refers to a fine imposed on entities that violate certain laws and regulations. In finance, anyone who commits violations against securities laws and regulations, including illegal activities, must pay CMPs. These fines are imposed and collected by the Securities and Exchange Commission (SEC).

CMPs are also imposed by other organizations, including medical agencies, courts, and legal agencies. Penalties are normally equivalent to the amount of money the violator earns as profit from their activities. As such, these fines can range between tens of thousands to millions of dollars.

Key Takeaways

  • A civil money penalty is a fine imposed on entities that violate certain laws and regulations.
  • In finance, anyone who commits violations against securities laws and regulations must pay CMPs.
  • Fines for financial violations are typically enforced by the Securities and Exchange Commission.
  • Penalties are normally equivalent to the amount of money the violator earns as profit from their activities.
  • CMPs are also imposed by other agencies, including medical organizations, courts, and legal agencies.

How Civil Money Penalties (CMPs) Work

Laws and regulations are in place in order to protect individuals from unscrupulous professionals and corporations. In the financial arena, there are a number of agencies that oversee and enforce these regulations, including the SEC and Financial Industry Regulatory Authority (FINRA). They ensure that investors have access to the information they need to make sound decisions, that financial advisors and other professionals maintain their fiduciary responsibilities, and that the market is fair and transparent.

Those who don't abide by the regulations and violate these laws are subject to a number of punitive damages. This applies to people who:

  • Execute insider trading
  • Commit fraud
  • Manipulate regulatory requirements
  • Knowingly increase the risk of loss to others
  • Violate regulations in order to earn profits

Financial regulators have a number of ways to penalize those who disregard the law, including taking them to court. But that isn't the only action they have at their disposal. In addition to seeking criminal charges, the SEC can also impose monetary fines, which are called civil money penalties. These fines are based on the extent of the violation, so someone who conducts insider trading that results in $1 million in profit is generally responsible for paying $1 million in CMPs.

The maximum civil monetary penalties in SEC enforcement actions for 2022 are $207,183 per violation for individuals and $1,035,909 per violation for entities. A bill introduced by a bipartisan group of U.S. senators called the Stronger Enforcement of Civil Penalties Act of 2019 is still pending. If it becomes law, then these penalties could increase to $1 million per violation for individuals and $10 million per violation for corporate entities.

Any money collected by the SEC through CMPs goes right back to the investors or other victims directly affected by the violation.

Special Considerations

Civil money penalties are not just limited to securities-law violations. They are also imposed by other government agencies on those who commit various types of fraud. For example, the Office of Inspector General may slap CMPs on individuals and organizations guilty of:

  • Filing fraudulent claims for medical benefits
  • Taking kickbacks
  • Fraud related to government agreements, contracts, and grants
  • Violating state and federal guidelines
Civil Money Penalty (CMP): What it is, How it Works (2024)

FAQs

What is a Cmp penalty? ›

A CMP is a monetary penalty the Centers for Medicare & Medicaid Services (CMS) may impose against nursing homes for either the number of days or for each instance a nursing home is not in substantial compliance with one or more Medicare and Medicaid participation requirements for long-term care facilities.

What is the definition civil money penalty? ›

The term civil money penalty (CMP) refers to a fine imposed on entities that violate certain laws and regulations. In finance, anyone who commits violations against securities laws and regulations, including illegal activities, must pay CMPs.

What are examples of civil penalties? ›

Types of Civil Monetary Penalties and Affirmative Exclusions
  • Drug Price Reporting. ...
  • False and Fraudulent Claims. ...
  • Grants, Contracts, and Other Agreements. ...
  • Kickback. ...
  • Misuse of Departmental Words and Emblems. ...
  • The Emergency Medical Treatment and Labor Act (EMTALA) ...
  • Physician Self-Referral. ...
  • Select Agents and Toxins.

What is the maximum civil money penalty (CMP) that you can be charged each calendar year per type of violation? ›

§ 336. Assessment of Civil Penalties. (1) In General -- Any employer who commits any Regulatory violation (as provided in Section 334(a) of this article) shall be assessed a civil penalty of up to $15,375 for each such violation.

What does CMP mean in pay? ›

Some companies offer workers Contractual Maternity Pay (CMP) which can be lower or higher than the SMP rate. However, there is no set figure to how much you will be entitled to and for how long you will receive it.

What is CMP transaction? ›

SBI has customized its Cash Management Product (CMP) for the Defence Accounts Department for making e-payment through a secured payment gateway. Towards this, SBI has developed a portal which will function as payment gateway for Defence payments with payment advice authenticated by digital signature.

Where does civil penalty money go? ›

All civil penalties are deposited into the Civil Penalty Fund where they are pooled and can be used for payments to eligible harmed consumers from any case.

What does IRS civil penalty mean? ›

IRS civil penalties are fees issued because of civil offenses, like failing to file your tax return on time or failing to pay the tax you owe. Six common civil penalties include: Penalty for underpayment of estimated tax. Failure to file/late filing penalty. Failure to pay/late payment penalty.

Which is the most common type of civil law violation? ›

The most common complaint involves allegations of color of law violations. Another common complaint involves racial violence, such as physical assaults, homicides, verbal or written threats, or desecration of property.

Do IRS civil penalties expire? ›

The IRS generally has 10 years – from the date your tax was assessed – to collect the tax and any associated penalties and interest from you. This time period is called the Collection Statute Expiration Date (CSED). Your account can include multiple tax assessments, each with their own CSED.

What is the civil money penalty for FDIC? ›

In accordance with the FDI Act, a Civil Money Penalty is charged when an institution pays its assessment late. The daily penalty charged is either 1% of the amount owed, or a daily amount computed and adjusted annually, whichever is greater.

Which law tells how much a CMP should be? ›

The maximum penalty amounts for each CMP tier are detailed in Section 308.132 of the FDIC Rules and Regulations. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the FDIC to annually adjust the maximum amount of each CMP within its jurisdiction.

What does CMP mean in insurance? ›

A commercial multiple peril (CMP) policy bundles together several property casualty insurance coverage types to create a convenient all-in-one package for the insured.

What is CMP for casinos? ›

Scientific Game's Bally's CMP loyalty system is a player-tracking system that helps you manage and evaluate the database of players in your casino. CMP lets you record specific information about your players that no other system does.

What is an example of a monetary penalty? ›

For example, if you were overpaid $200, you would pay pack $300 ($200 + a $100 fine). For additional overpayments, the penalty equals the overpayment. So if you were overpaid $200 again, you would pay back $400 ($200 + a $200 fine).

What is a CMP in FDIC? ›

INTRODUCTION. Section 8(i)(2) of the Federal Deposit Insurance Act (FDI Act) authorizes the FDIC to issue civil money penalties (CMPs) against insured depository institutions (IDI) and institution-affiliated parties (IAPs). CMPs are assessed to punish violators and to deter future. violations.

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