Martin and Barbara Schachter - Page 7

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          imposing criminal fines than in imposing criminal forfeitures.              
          The point, however, is not the degree of discretion a judge has             
          in imposing a criminal fine but whether the purpose of the                  
          criminal fine is punishment.                                                
               The legislative history of 18 U.S.C. sections 3622 and 3623            
          indicates that fines imposed under these provisions were intended           
          by Congress to constitute punishment for criminal acts.  In 1984,           
          Congress passed the Criminal Fine Enforcement Act of 1984,                  
          Pub. L. 98-596, 98 Stat. 3134, in order to encourage the more               
          frequent use of fines as an alternative to, or as an addition to,           
          imprisonment.  See H. Rept. 98-906, 1 (1984).  Pursuant to                  
          section 6(a) of the Criminal Fine Enforcement Act of 1984, 98               
          Stat. 3136, sections 3622 and 3623 were added to 18 U.S.C.                  
          chapter 229 (Fines, Penalties and Forfeitures).  Under 18 U.S.C.            
          section 3623, the amount of criminal fines that a judge could               
          impose on individuals or corporations was increased.  See H.                
          Rept. 98-906, supra at 15-16.  The House report accompanying the            
          Criminal Fine Enforcement Act of 1984 explains that under prior             
          law fines were regarded as too low to deter criminal conduct, and           
          hence Congress established higher maximum fine levels.  H. Rept.            
          98-906, supra at 16.                                                        
               The increased maximum fine levels under 18 U.S.C. section              
          3623 were tempered somewhat by 18 U.S.C. section 3622, which                
          required judges, in determining appropriate fines to impose, to             
          consider factors such as a convicted offender's ability to pay              

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