Criminal Law

Determining the Fine - Sentencing of Organizations

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§8C2.4GUIDELINES MANUALNovember 1, 2005
15$125,000
16$175,000
17$250,000
18$350,000
19$500,000
20$650,000
21$910,000
22$1,200,000
23$1,600,000
24$2,100,000
25$2,800,000
26$3,700,000
27$4,800,000
28$6,300,000
29$8,100,000
30$10,500,000
31$13,500,000
32$17,500,000
33$22,000,000
34$28,500,000
35$36,000,000
36$45,500,000
37$57,500,000
38 or more$72,500,000.

Commentary

Application Notes:

1. "Pecuniary gain," "pecuniary loss," and "offense" are defined in the Commentary to §8A1.2 (Application Instructions - Organizations). Note that subsections (a)(2) and (a)(3) contain certain limitations as to the use of pecuniary gain and pecuniary loss in determining the base fine. Under subsection (a)(2), the pecuniary gain used to determine the base fine is the pecuniary gain to the organization from the offense. Under subsection (a)(3), the pecuniary loss used to determine the base fine is the pecuniary loss from the offense caused by the organization, to the extent that such loss was caused intentionally, knowingly, or recklessly.

2. Under 18 U.S.C. § 3571(d), the court is not required to calculate pecuniary loss or pecuniary gain to the extent that determination of loss or gain would unduly complicate or prolong the sentencing process. Nevertheless, the court may need to approximate loss in order to calculate offense levels under Chapter Two. See Commentary to §2B1.1 (Theft, Property Destruction, and Fraud). If loss is approximated for purposes of determining the applicable offense level, the court should use that approximation as the starting point for calculating pecuniary loss under this section.

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