- 8 - and whether restitution was ordered.1 H. Rept. 98-906, supra at 4, 13-15. 1 18 U.S.C. sec. 3622 provides as follows: SEC. 3622. Factors relating to imposition of fines (a) In determining whether to impose a fine and the amount of a fine, the court shall consider, in addition to other relevant factors-- (1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) the defendant's income, earning capacity, and financial resources; (4) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose; (5) any pecuniary loss inflicted upon others as a result of the offense; (6) whether restitution is ordered and the amount of such restitution; (7) the need to deprive the defendant of illegally obtained gains from the offense; (8) whether the defendant can pass on to consumers or other persons the expense of the fine; and * * * * * * * (b) If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine or penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011