Page:United States Statutes at Large Volume 98 Part 3.djvu/765

 PUBLIC LAW 98-596—OCT. 30, 1984

98 STAT. 3137

"(4) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose; "(5) any pecuniary loss inflicted upon others as a result of the offense; "(6) whether restitution is ordered and the amount of such restitution; "(7) the need to deprive the defendant of illegally obtained gains from the offense; "(8) whether the defendant can pass on to consumers or other persons the expense of the fine; and "(9) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense. "(b) If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine or penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution. "§ 3623. Alternative fines "(a) An individual convicted of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (c) of this section; "(3) in the case of a felony, $250,000; "(4) in the case of a misdemeanor resulting in death, $250,000; or "(5) in the case of a misdemeanor punishable by imprisonment for more than six months, $100,000. "(b) A person (other than an individual) convicted of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (c) of this section; "(3) in the case of a felony, $500,000; "(4) in the case of a misdemeanor resulting in death, $500,000; or "(5) in the case of a misdemeanor punishable by imprisonment for more than six months, $100,000. "(c)(1) If the defendant derives pecuniary gain from the offense, or if the offense results in pecuniary loss to another person, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process. "(2) Except as otherwise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that arise from a common scheme or plan, and that do not cause separable or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense.

18 USC 3623.

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