U.S.S.G. §8C3.3

(a) The court shall reduce the fine below that otherwise required by §8C1.1

(Determining the Fine ― Criminal Purpose Organizations), or §8C2.7

(Guideline Fine Range ― Organizations) and §8C2.9 (Disgorgement), to the

extent that imposition of such fine would impair the ability of the organization to make restitution to victims.

(b) The court may impose a fine below that otherwise required by §8C2.7

(Guideline Fine Range ― Organizations) and §8C2.9 (Disgorgement) if the

court finds that the organization is not able and, even with the use of a

reasonable installment schedule, is not likely to become able to pay the

minimum fine required by §8C2.7 (Guideline Fine Range ― Organizations)

and §8C2.9 (Disgorgement).

Provided, that the reduction under this subsection shall not be more than

necessary to avoid substantially jeopardizing the continued viability of the

organization.

Commentary

Application Note:

1. For purposes of this section, an organization is not able to pay the minimum fine if, even with an

installment schedule under §8C3.2 (Payment of the Fine ― Organizations), the payment of that

fine would substantially jeopardize the continued existence of the organization.

Background: Subsection (a) carries out the requirement in 18 U.S.C. § 3572(b) that the court impose

a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability

of the organization to make restitution for the offense; however, this section does not authorize a criminal purpose organization to remain in business in order to pay restitution.