How are federal criminal fines set in the US?
Federal criminal fines are set under 18 U.S.C. 3571. For individuals, the maximum fine per count is $250,000 for a felony, $100,000 for a Class A misdemeanor, and $25,000 for a Class B or C misdemeanor. Courts can also impose a fine equal to twice the gross gain or loss from the offence, whichever is greater. In practice, fines are set within the US Sentencing Guidelines range.
What is the federal special assessment?
The special assessment under 18 U.S.C. 3013 is mandatory for every convicted offender: $100 per felony count, $25 per Class A misdemeanor count, $10 per Class B or C misdemeanor count, and $5 per infraction. It is paid into the Crime Victims Fund. Unlike fines, the special assessment cannot be waived.
Can criminal fines be discharged in bankruptcy?
No. Federal criminal fines are not dischargeable in bankruptcy under 11 U.S.C. 523(a)(7). They remain collectable even after a bankruptcy discharge. State criminal fines are similarly treated as non-dischargeable in most jurisdictions.
What happens if I cannot pay a criminal fine in the US?
Courts can establish a payment schedule based on ability to pay under 18 U.S.C. 3572(d). Inability to pay is not a defence to the fine itself, but it affects collection. The DOJ can garnish wages, intercept tax refunds, and place liens on property. Fines are generally not converted to additional jail time unless the failure to pay is wilful.