18 U.S.C. 3571 establishes general federal criminal fine limits, with different rules for individuals and organizations. The offense statute, offense classification, death, and qualifying financial gain or loss can change the applicable amount. There is no single fine cap for all federal crimes. [1]
Ordinary limits are only the starting point
For an individual, the general felony maximum is$250,000. For an organization, the general felony maximum is$500,000. Other offense categories have their own limits, and an offense statute may authorize a different amount. Do not apply the felony figure without identifying the actual conviction. [1]
The statute generally directs consideration of the greatest applicable authorized amount. A lower number printed in an offense provision does not automatically displace section 3571; the specific statutory exemption rule must be examined.
The alternative fine
Where a person derives pecuniary gain or causes qualifying pecuniary loss, the statute can authorize a fine up to twice the gross gain or twice the gross loss, subject to its terms and the complication limitation. That alternative can exceed the ordinary headline cap. [1]
Gain, loss, restitution, and proceeds are not interchangeable labels. The amount used for one sentencing purpose should not simply be copied into another without checking the governing rule and required proof.
What the court considers
Section 3572 addresses factors such as income, earning capacity, financial resources, burden on the defendant and dependents, and other relevant circumstances. It also addresses the relationship to restitution and payment arrangements. Inability to pay requires an actual assessment, not an assumption from the defendant’s current bank balance alone. [2]
Example: the same offense, different defendants
An individual and a corporation convicted of a similar felony do not necessarily have the same ordinary cap. A profitable scheme may also trigger the alternative-fine analysis. The indictment’s count total alone does not tell the full financial exposure.
Ask counsel for a schedule separating fines, restitution, forfeiture, special assessments, interest, and any payment terms. A fine is punishment paid under the judgment; restitution serves a different statutory purpose, and forfeiture concerns specified property or proceeds.
A plea agreement should be reviewed for every financial provision. Do not assume that agreeing to repay a victim eliminates the court’s authority to impose a fine, or that payment of a fine satisfies all other obligations. The written judgment controls the actual amounts and terms, subject to lawful review or modification procedures.
Access-device cases involve their own offense penalties. A possible reduction in imprisonment requires a separate departure or variance analysis.
Primary sources
- 18 U.S.C. § 3571: Sentence of fine
- 18 U.S.C. § 3572: Imposition of a sentence of fine and related matters
Sources checked: October 31, 2026.