Flashcards in Federal - Fines & Special Assessments Deck (7)
Generally, what are the fine maximums?
$250,000 for felony or misd. resulting in death
$100,000 for Class A Misd.
$5000 for other offenses
18 USC 3571
What amount may a D be fined related to the gain or loss?
Fine may be twice the gain to D or loss to Vic.
18 USC 3571(d)
Are fines required?
Statute merely authorizes 18 USC 3571
Guidelines require, unless: D not about to pay, even in installments; (2) fine cause undue burden
Guidelines, Without a fine CRT must still take some punitive action, community service is the preferred method
What is the Guideline minimum and maximum fines?
MIn: the minimum fine in the SG table or pecuniary gain less any restitution paid
Max: maximum in table or twice the gross loss to Vic. OR 3 times gross gain to ALL participants in offense
Can you "probate" a fine?
Yes, UNLESS probation is not an option for the offense level (i.e. Class A or B Felony)
What if a D doesn't pay a fine?
D may go to prison, only if:
1. D willfully refused to pay the delinquent amount of fine or had failed to make sufficient bona fide efforts to pay the fine; or
2. In light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence
NOTICE: Failure to pay fine is a separate offense: up to one year in jail and $10,000 fine (or balance of unpaid fine) 18 USC 3615