Under 18 U.S.C. 3571, the maximum fines for a federal offense start at $250,000 for an individual and $500,000 for an organization convicted of a felony. Those are defaults, not ceilings. The court actually imposes the greatest of three amounts: the cap in 3571, any higher fine written into the statute that defines the offense, or up to twice the gross gain to the defendant or twice the gross loss to victims. In large financial cases, that last option is what drives penalties into the millions or hundreds of millions.1Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
Fine Caps for Individuals
The default maximum fine an individual can face depends on the offense classification:
- Felony: up to $250,000
- Misdemeanor resulting in death: up to $250,000
- Class A misdemeanor not resulting in death: up to $100,000
- Class B or C misdemeanor not resulting in death: up to $5,000
- Infraction: up to $5,000
Any misdemeanor that results in death is treated like a felony for fine purposes, even though the imprisonment classification is different.1Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
If the statute defining the specific offense sets a higher fine, that higher figure applies instead. The narrow exception runs the other way: when an offense statute sets a lower fine and expressly opts out of 3571’s general rule, the lower amount controls. That carve-out is uncommon, but it exists.1Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
Fine Caps for Organizations
Organizations face higher defaults across the board:
- Felony: up to $500,000
- Misdemeanor resulting in death: up to $500,000
- Class A misdemeanor not resulting in death: up to $200,000
- Class B or C misdemeanor not resulting in death: up to $10,000
- Infraction: up to $10,000
The same “greatest of” logic applies. The court picks the largest of the 3571 cap, the amount in the specific offense statute, or the alternative gain-or-loss fine.1Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine In major corporate prosecutions, the $500,000 organizational cap is rarely the binding constraint. The alternative fine is.
The Twice Gain or Twice Loss Alternative
Section 3571(d) is the provision that unlocks large fines. If the offense produced a financial gain to anyone, or a financial loss to someone other than the defendant, the court can impose a fine up to twice the gross gain or twice the gross loss, whichever is greater. There is no dollar ceiling on this calculation.1Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
A fraud that generated $50 million in illegal profit can therefore support a $100 million fine, and the offense class becomes almost incidental to the arithmetic. The one limitation written into the statute: a court can decline to use this provision if determining the gain or loss would unduly complicate or prolong sentencing.
How Offense Classification Works
Because the caps turn on how the offense is classified, that classification matters. Under 18 U.S.C. 3559, any offense that isn’t already assigned a letter grade in its own statute gets classified by the maximum prison term it carries.2Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
Felonies run from Class A (life or death) through Class B (25 years or more), Class C (10 years or more but less than 25), Class D (5 to less than 10), and Class E (more than one year but less than five). Misdemeanors are Class A (more than six months up to a year), Class B (more than 30 days up to six months), or Class C (more than five days up to 30 days). Infractions carry five days or less, or no imprisonment.
How the Judge Sets the Actual Amount
The cap tells you the ceiling. The actual fine is set by the judge under 18 U.S.C. 3572, which requires the court to consider the defendant’s income, earning capacity, and financial resources; the burden on the defendant and any dependents; the harm to victims; any restitution already ordered; the need to deprive the defendant of illegal gains; the cost to the government of any imprisonment, probation, or supervised release; whether a defendant can pass the fine along to consumers; and, for organizations, size and any measures taken to discipline responsible employees and prevent repeat conduct.3Office of the Law Revision Counsel. 18 USC 3572 – Imposition of a Sentence of Fine and Related Matters
One constraint often surprises defendants: the court cannot impose a fine that would impair the defendant’s ability to pay restitution. Victims come first. Where restitution orders are large, the fine may be modest or waived entirely.3Office of the Law Revision Counsel. 18 USC 3572 – Imposition of a Sentence of Fine and Related Matters
Federal law also requires immediate payment unless the court finds installments serve the interest of justice. When installments are allowed, they must be equal monthly payments over the shortest period in which the defendant can reasonably pay in full, and the defendant has to notify the court of any material change in financial circumstances.
The Mandatory Special Assessment
Every federal conviction carries a mandatory special assessment on top of any fine, imposed under 18 U.S.C. 3013. For individuals, it is $5 for an infraction or Class C misdemeanor, $10 for a Class B misdemeanor, $25 for a Class A misdemeanor, and $100 for a felony. For organizations, the amounts are $25, $50, $125, and $400 respectively.4Office of the Law Revision Counsel. 18 USC 3013 – Special Assessment on Convicted Persons The assessment cannot be waived, and the proceeds feed the Crime Victims Fund.5Office for Victims of Crime. Crime Victims Fund
Interest, Liens, and How Long the Fine Follows You
Any fine or restitution over $2,500 that isn’t paid within 15 days of judgment starts accruing interest, tied to the weekly average one-year constant maturity Treasury yield for the week before interest begins, compounded daily. Courts can waive interest, cap it, or limit the accrual period where a defendant genuinely cannot pay.6United States Courts. 18 USCA 3612, Post Judgment Interest Rates
An unpaid federal criminal fine also creates a lien against all of the defendant’s property and property rights, working much like a federal tax lien. The lien arises at judgment and lasts up to 20 years, and the government can use civil collection tools such as wage garnishment and asset levies to recover unpaid amounts.7Office of the Law Revision Counsel. 18 USC 3613 – Civil Remedies for Satisfaction of an Unpaid Fine
The liability itself runs until 20 years after entry of the judgment or 20 years after release from imprisonment, whichever is later. If the defendant dies, the fine obligation ends, though restitution obligations survive and attach to the estate. Filing for bankruptcy will not clear the debt: federal criminal fines payable to a government unit are generally non-dischargeable.8Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge Between the automatic lien, the compounding interest, and the two-decade enforcement window, a federal criminal fine is one of the most durable financial obligations in American law.