§ 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 the ability of the organization 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.
Historical note
Effective November 1, 1991 (amendment 422). Amended effective November 1, 2023 (amendment 824).
Commentary
Application Note:
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
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.