Page:United States Statutes at Large Volume 101 Part 2.djvu/294

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1280

PUBLIC LAW 100-185—DEC. 11, 1987

the maximum term of imprisonment is the term authorized by the law describing the offense.'. SEC. 6. AUTHORIZED FINES.

Section 3571 of title 18, United States Code, is amended to read as follows:

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"§3571. Sentence of fine , ^.. „...,.:,.i*. i,. v j "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. "(b) FINES FOR INDIVIDUALS.—Except as provided in subsection (e) of this section, an individual who has been found guilty 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 (d) of this section; "(3) for a felony, not more than $250,000; "(4) for a misdemeanor resulting in death, not more than h. $250,000; ~f- "(5) for a Class A misdemeanor that does not result in death, not more than $100,000; » "(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or "(7) for an infraction, not more than $5,000. "(c) FINES FOR ORGANIZATIONS.—Except as provided in subsection (e) of this section, an organization that has been found guilty 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 (d) of this section; "(3) for a felony, not more than $500,000; ^

"(4) for a misdemeanor resulting in death, not more than $500,000; "(5) for a Class A misdemeanor that does not result in death, not more than $200,000;

"(6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and "(7) for an infraction, not more than $10,000. "(d) ALTERNATIVE FINE BASED ON GAIN OR Loss.—If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, 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 sul^ection would unduly complicate or prolong the sent^icing process. "(e) SPECIAL RULE FOR LOWER FINE SPECIFIED IN SUBSTANTIVE

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PROVISION.—If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.". SEC. 7. IMPOSITION OF A SENTENCE OF FINE AND RELATED MATTERS.

Section 3572 of title 18, United States Code, is amended to read as follows: "§3572. Imposition of a sentence of fine and related matters "(a) FACTORS TO BE CONSIDERED.—In determining whether to impose a fine, and the amount, time for payment, and method of