# U.S.S.G. § 8C3.3: Reduction of Fine Based on Inability to Pay

> Federal · Guidelines · In force

URL: https://www.frixlaw.com/law-library/statutes/USSG_S8C3.3

## Section

- **Citation:** U.S.S.G. § 8C3.3
- **Heading:** Reduction of Fine Based on Inability to Pay
- **Jurisdiction:** Federal
- **Kind:** Guidelines
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** U.S. Sentencing Guidelines / Reduction of Fine Based on Inability to Pay

## Text

(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. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 2023 (amendment 824).

## Nearby sections

- [U.S.S.G. § 1A1.1 Commission’s Authority](https://www.frixlaw.com/law-library/statutes/USSG_S1A1.1.md)
- [U.S.S.G. § 1B1.1 Application Instructions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.1.md)
- [U.S.S.G. § 1B1.2 Applicable Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.2.md)
- [U.S.S.G. § 1B1.3 Relevant Conduct (Factors that Determine the Guideline Range)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.3.md)
- [U.S.S.G. § 1B1.4 Information to be Used in Imposing Sentence](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.4.md)
- [U.S.S.G. § 1B1.5 Interpretation of References to Other Offense Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.5.md)
- [U.S.S.G. § 1B1.6 Structure of the Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.6.md)
- [U.S.S.G. § 1B1.7 Significance of Commentary](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.7.md)
- [U.S.S.G. § 1B1.8 Use of Certain Information](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.8.md)
- [U.S.S.G. § 1B1.9 Class B or C Misdemeanors and Infractions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.9.md)
- [U.S.S.G. § 1B1.10 Reduction in Term of Imprisonment as a Result of Amended Guideline Range](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.10.md)
- [U.S.S.G. § 1B1.11 Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.11.md)
- [U.S.S.G. § 1B1.12 Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.12.md)
- [U.S.S.G. § 1B1.13 Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USSG_S8C3.3. Check the current official text before relying on it. Not legal advice.