2005 Federal Sentencing Guidelines
Chapter 8 - PART C - FINES
§8C3.3. Reduction of Fine Based
on Inability to Pay
(a) The court shall reduce the fine below that otherwise required by §8C1.1
(Determining the Fine - Criminal Purpose Organizations), or §8C2.7 (Guideline
Fine Range - Organizations) and §8C2.9 (Disgorgement), to the extent that
imposition of such fine would impair its ability to make restitution to victims.
(b) The court may impose a fine below that otherwise required by
§8C2.7 (Guideline Fine Range - Organizations) and §8C2.9 (Disgorgement)
if the court finds that the organization is not able and, even with the use
of a reasonable installment schedule, is not likely to become able to pay the
minimum fine required by
§8C2.7 (Guideline Fine Range - Organizations) and §8C2.9 (Disgorgement).
Provided, that the reduction under this subsection shall not be more
than necessary to avoid substantially jeopardizing the continued viability
of the organization.
1. For purposes of this section, an organization is not able to pay the minimum
fine if, even with an installment schedule under
§8C3.2 (Payment of the Fine - Organizations), the payment of that fine
would substantially jeopardize the continued existence of the organization.
Background: Subsection (a)
carries out the requirement in 18 U.S.C. § 3572(b) that the court
impose a fine or other monetary penalty only to the extent that such fine or
penalty will not impair the ability of the organization to make restitution
for the offense; however, this section does not authorize a criminal purpose
organization to remain in business in order to pay restitution.
Historical Note: Effective
November 1, 1991 (see Appendix
C, amendment 422).