Federal - Fines & Special Assessments

Question 1

Generally, what are the fine maximums?

Answer 1

$250,000 for felony or misd. resulting in death
$100,000 for Class A Misd.
$5000 for other offenses
18 USC 3571

Question 2

What amount may a D be fined related to the gain or loss?

Answer 2

Fine may be twice the gain to D or loss to Vic.

18 USC 3571(d)

Question 3

Are fines required?

Answer 3

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

Question 4

What is the Guideline minimum and maximum fines?

Answer 4

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

Question 5

Can you “probate” a fine?

Answer 5

Yes, UNLESS probation is not an option for the offense level (i.e. Class A or B Felony)

Question 6

What if a D doesn’t pay a fine?

Answer 6

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

Question 7

What is a “Special Assessment”?

Answer 7

$100 for each felony
$5 to $25 for each misd.
It’s constitutional… just money that gets collected