CHAPTER EIGHT - SENTENCING OF ORGANIZATIONS


PART C - FINES


3.      IMPLEMENTING THE SENTENCE OF A FINE


§8C3.2.     Payment of the Fine - Organizations

(a)       If the defendant operated primarily for a criminal purpose or primarily by criminal means, immediate payment of the fine shall be required.

(b)      In any other case, immediate payment of the fine shall be required unless the court finds that the organization is financially unable to make immediate payment or that such payment would pose an undue burden on the organization.  If the court permits other than immediate payment, it shall require full payment at the earliest possible date, either by requiring payment on a date certain or by establishing an installment schedule.


Commentary

Application Note:

1.      When the court permits other than immediate payment, the period provided for payment shall in no event exceed five years.  18 U.S.C. § 3572(d).

Historical Note:  Effective November 1, 1991 (see Appendix C, amendment 422).