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Note on Criminal Monetary Fines
and Alternate Sentence Provisions

Related to the
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164


Criminal Monetary Fines

Criminal monetary fines are subject to alternative sentencing provisions found at 18 USC 3571. Readers should consult that provision in the criminal code for exact legal information. However, that provision in general provides that an individual guilty of any felony or any misdemeanor resulting in death may receive a criminal fine of up to $250,000 [Reference: 18 USC 3571 (b)]; an organization found guilty of either any felony or a misdemeanor resulting in death may receive a criminal fine of up to $500,000 [Reference: 18 USC 3571 (c)]. An individual guilty of a misdemeanor not resulting in death is subject to a fine up to $100,000; an organization found guilty of misdemeanor not resulting in death is subject to a fine of $200,000 [same references].

Alternate Sentence Provisions

the maximum criminal fine exposure is significantly greater than reflected in the amounts stated in the Mine Act legislation. The Alternative Sentence provisions are found at 18 United States Code section 3571 which provides in pertinent part:
    (b) Fines for Individuals: an individual who has been found guilty of an offense may not be fined not more than the greatest of-

      (1) the amount specified in the law setting forth the offense
      (3) for a felony, not more than $250,000
      (4) for a misdemeanor resulting in death, not more than $250,000
      (5) for a Class A misdemeanor not resulting in death, not more than $100,000

    (c) Fines for organizations:
      (1) the amount specified in the law setting forth the offense
      (3) for a felony not more than $500,000
      (4) for a misdemeanor resulting in death, not more than $500,000
      (5) for a Class A misdemeanor that does not result in death, not more then $200,000

    Class A misdemeanors are misdemeanors subject to maximum imprisonment of less than a year but more than six months. Mine Act misdemeanors are Class A misdemeanors. Any provision which has a maximum term of imprisonment of over one year is a felony.

Back to Penalties Section of the Act