2005 Federal Sentencing Guidelines
CHAPTER FIVE - PART F - SENTENCING OPTIONS
§5F1.4. Order of Notice to
Victims
The court may order the defendant to pay the cost of giving notice to victims
pursuant to 18 U.S.C. § 3555. This cost may be set off against
any fine imposed if the court determines that the imposition of both sanctions
would be excessive.
Commentary
Background: In cases where
a defendant has been convicted of an offense involving fraud or "other intentionally
deceptive practices," the court may order the defendant to "give reasonable
notice and explanation of the conviction, in such form as the court may approve" to
the victims of the offense. 18 U.S.C. §
3555. The court may order the notice to be given by mail, by advertising in
specific areas or through specific media, or by other appropriate means. In
determining whether a notice is appropriate, the court must consider the generally
applicable sentencing factors listed in 18 U.S.C. § 3553(a)
and the cost involved in giving the notice as it relates to the loss caused
by the crime. The court may not require the defendant to pay more than $20,000
to give notice.
If an order of notice to victims is under consideration, the court must notify
the government and the defendant. 18 U.S.C. §
3553(d). Upon motion of either party, or on its own motion, the court must:
(1) permit the parties to submit affidavits and memoranda relevant to the imposition
of such an order; (2) provide counsel for both parties the opportunity to address
orally, in open court, the appropriateness of such an order; and (3) if it
issues such an order, state its reasons for doing so. The court may also order
any additional procedures that will not unduly complicate or prolong the sentencing
process.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendments 284 and 302).