Martin and Barbara Schachter - Page 8




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          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.                          




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