U.S.S.G. § 8C3.2

Payment of the Fine – Organizations

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(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 be the shortest time in which full payment can reasonably be made.  18 U.S.C. § 3572(d).

Historical Note:  Effective November 1, 1991 (amendment 422). Amended effective November 1, 2023 (amendment 824).


 

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: United States v. Electrodyne Sys. Corp., 28 F. Supp. 2d 213 (D.N.J. 1998).
United States v. Electrodyne Sys. Corp., 28 F. Supp. 2d 213 (D.N.J. 1998). “See U.S.S.G. § 8C3.2(a). Immediate payment is also required in all other circumstances unless it is determined the organization is financially unable to make immediate payment or that such payment would serve as an undue burden.”
— U.S.S.G. §8C3.2(a) — 1 case
United States v. Electrodyne Sys. Corp., 28 F. Supp. 2d 213 (D.N.J. 1998). “See U.S.S.G. § 8C3.2(a). Immediate payment is also required in all other circumstances unless it is determined the organization is financially unable to make immediate payment or that such payment would serve as an undue burden.”
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