U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 227— SENTENCES › Subchapter SUBCHAPTER C— FINES

18 U.S.C. § 3571

Sentence of fine

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(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 $250,000;(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 subsection would unduly complicate or prolong the sentencing process.(e)Special Rule for Lower Fine Specified in Substantive 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.(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–185, § 6, Dec. 11, 1987, 101 Stat. 1280.)Editorial NotesPrior Provisions

For a prior section 3571, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1987—Pub. L. 100–185 amended section generally, revising and restating as subsecs. (a) to (e) provisions formerly contained in subsecs. (a) and (b).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Notes of Decisions
Cited in 367 cases (55 in the last 5 years), 1986–2026 · leading case: S. Union Co. v. United States, 132 S. Ct. 2344 (2012).
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S. Union Co. v. United States, 132 S. Ct. 2344 (2012). · cites it 8× “, 18 U. S. C. §3571 (d) (fine “not more than the greater of twice the gross gain or twice the gross loss”); Fla.”
Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008). · cites it 2× “To take another example, although 18 U.S.C. § 3571 (d) provides for a criminal penalty of up to twice a crime victim's loss, this penalty is an alternative to other specific fine amounts which courts may impose at their option, see §§ 3571(a)-(c), a fact that makes us wary of…”
United States v. Ben Bane, 720 F.3d 818 (11th Cir. 2013). · cites it 5× “Bane was sentenced under 18 U.S.C. § 3571 , which provides two alternative maximum fine amounts.”
United States v. McNair, 605 F.3d 1152 (11th Cir. 2010). · cites it 3× “In calculating Swann’s fíne under 18 U.S.C. § 3571 (d), 118 the PSI stated the “gross loss” amount was the $42,460,880 benefit the contractors received.”
United States v. Garrison, 133 F.3d 831 (11th Cir. 1998). · cites it 6× “35 This calculation complies with 18 U.S.C. § 3571 (b)(3). 36 Additionally, Garrison selectively quotes out of context from the district judge’s reasons for the upward departure in her fine to *852 argue that the judge improperly based the departure on her “socioeconomic status”…”
United States v. Coplan, 703 F.3d 46 (2d Cir. 2012). · cites it 3× “See 18 U.S.C. § 3571 (b)(3). Accordingly, we vacate the portion of Bolton’s sentence that imposed the fine, and remand the cause to the District Court for the sole purpose of reducing the fine to the statutory maximum of $250,000.”
United States v. Pfaff, 619 F.3d 172 (2d Cir. 2010). · cites it 7× “In a separate summary order filed today, we AFFIRM the Appellants’ convictions as well as Larson’s term of imprisonment, the only term challenged on appeal.”
United States v. Sanford Ltd., 878 F. Supp. 2d 137 (D.D.C. 2012). · cites it 20× “from” under the Alternative Fines Act, 18 U.S.C. § 3571 (d) as applied to this evidence in the context of the charges pending against the defendants.”
United States v. James Ming Hong, United States of Am. v. James Ming Hong, United States of Am. v. James Ming Hong, 242 F.3d 528 (4th Cir. 2001). · cites it 4× “On cross-appeal, the Government challenges the fine of $25,000 imposed on each of Counts Two through Thirteen, 4 maintaining that the district court erred in determining that the guidelines precluded application of the alternative fine statute, 18 U.S.C.A. § 3571 (West 2000).…”
United States v. Chem. & Metal Indus., Inc., 677 F.3d 750 (5th Cir. 2012). · cites it 4× “See 18 U.S.C. § 3571 (c). An alternative fine is available if a pecuniary gain or loss is proven.”
United States v. James Rattoballi, 452 F.3d 127 (2d Cir. 2006). · cites it 2× “See 18 U.S.C. § 3571 (a) (“A defendant who has been found guilty of an offense may be sentenced to pay a fine.”
United States v. Seher, 562 F.3d 1344 (11th Cir. 2009). · cites it 2× “Based on 18 U.S.C. § 3571 and 31 U.S.C. § 5324 , Chaplin’s and Midtown would have been eligible for $1.”
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— 18 U.S.C. § 3571(a) — 1 case
United States v. Sparks, 687 F. Supp. 1145 (E.D. Mich. 1988).
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