Payment of Monetary Penalty. 7. The Fraud Section and the Company agree that application of the United States Sentencing Guidelines (“USSG” or “Sentencing Guidelines”) to determine the applicable fine range yields the following analysis:
Payment of Monetary Penalty. 7. The Fraud Section, the Office, and the Company agree that application of the Sentencing Guidelines to determine the applicable fine range yields the following analysis:
Payment of Monetary Penalty. 7. The Offices and SCB agree that, based on the factors set forth in Title 18, United States Code, Sections 3571(d) and 3572(a), a fine of $480 million is appropriate in this case (the “Total Fine Amount”). The Total Fine Amount represents twice the value of the transactions described in Paragraph 31 of the Supplemental Factual Statement. SCB and the Offices agree that the Total Fine Amount is appropriate given the facts and circumstances of this case, including the nature and seriousness of SCB’s conduct and SCB’s prior history of sanctions violations. Any payments made toward satisfaction of the Total Fine Amount are final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Offices that the Total Fine Amount is the maximum fine that may be imposed in any future prosecution, and the Offices are not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Offices agree that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment relating to the conduct described in the Factual Statements. SCB acknowledges that no tax deduction may be sought in connection with the payment of any part of the Total Fine Amount.
Payment of Monetary Penalty. 19. The Offices and the defendants agree that, if the defendants were convicted of the criminal violations set forth in the Information, they could be sentenced to pay a fine in accordance with Title 18, United States Code, Sections 3571(d) and 3572(a). In addition, the Offices and the defendants agree that, as a result of the conduct set forth in the Factual Statement, the Offices could institute a civil and/or criminal forfeiture action against certain funds and/or property of the defendants and that such funds and/or property would be forfeitable pursuant to Title 18, United States Code, Sections 981 and/or 982. In lieu of a criminal prosecution and sentence or fine, or a civil or criminal forfeiture action, the Offices and the defendants agree that a monetary penalty based on the total amount they earned as employees of U.A.E. CO or its successor entities is appropriate in this case (the “Monetary Penalty”). The Monetary Penalty shall be paid as follows: seven hundred and fifty thousand U.S. dollars ($750,000) by defendant Xxxxx, six hundred thousand U.S. dollars ($600,000) by defendant Xxxxx, and three hundred and thirty five thousand U.S. dollars ($335,000) by defendant Xxxxxxx. Each of the defendants, and the Offices, agree that the Monetary Penalty is appropriate given the facts and circumstances of this case, including the nature and seriousness of the conduct. Any payments made toward satisfaction of the Monetary Penalty are final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Offices that the Monetary Penalty is the maximum fine that may be imposed in any future prosecution, and the Offices are not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Offices agree that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment relating to the conduct described in the Factual Statement. The defendants acknowledge that no tax deduction may be sought in connection with the payment of any part of the Monetary Penalty.
Payment of Monetary Penalty. 7. The Offices and the Company agree that application of the United States Sentencing Guidelines (“USSG” or “Sentencing Guidelines”) to determine the applicable fine range yields the following analysis: The 2014 USSG are applicable to this matter. Offense Level. Based upon USSG § 2C1.1, the total offense level is 34, calculated as follows:
Payment of Monetary Penalty. 12. Wells Fargo agrees to pay a criminal monetary penalty to the United States of $3,000,000,000 (the “Criminal Penalty”). The Criminal Penalty shall be paid as follows: within five business days of receiving written payment processing instructions from the USAO-CDCA, Xxxxx Fargo shall pay the Criminal Penalty according to those instructions. The amount to be remitted shall be the Criminal Penalty less any amounts Xxxxx Fargo pays to resolve the Parallel Actions, such that Xxxxx Fargo will pay a total of $3,000,000,000 to resolve this criminal investigation as well as both Parallel Actions.
Payment of Monetary Penalty. 7. The Offices and the Company agree that, based on the factors set forth in 18 U.S.C. § 3572(a) and 18 U.S.C. § 3571(d), a fine of $1,561,570 (“Fine Amount”) is appropriate in this case. The Company and the Offices agree that the Fine Amount is appropriate given the facts and circumstances of this case, including the nature and seriousness of the Company’s conduct and the Company’s lack of prior history of U.S.-criminal violations. Any payments made toward satisfaction of the Fine Amount are final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Offices that the Fine Amount is the maximum fine that may be imposed in any future prosecution, and the Offices are not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Offices agree that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment relating to the conduct described in the Statement of Facts. The Company acknowledges that no U.S. tax deduction may be sought in connection with the payment of any part of the Fine Amount. The Company shall pay the Fine Amount no later than 60 days prior to the expiration of the Term of the Agreement, pursuant to payment instructions provided by the Offices in their sole discretion. The Company releases any and all claims it may have to such funds, and further certifies that it passes clean title to these funds, which are not the subject of any lien, security agreement, or other encumbrance. Transferring encumbered funds or failing to pass clean title to the funds in any way will be considered a breach of this agreement. The Company shall indemnify the government for any costs it incurs associated with the passing of clean title to the funds.
Payment of Monetary Penalty. 9. The government and ComEd agree that the application of the 2018 U.S. Sentencing Guidelines (“Guidelines”) to determine the applicable fine range yields the following:
Payment of Monetary Penalty. 12. The Company agrees to pay a criminal monetary penalty to the United States of $1,050,000 (the “Criminal Penalty”) within fourteen (14) calendar days of the Initial Effective Date of the Agreement. The Criminal Penalty shall be paid by certified check, business check, or money order made payable to “United States Department of Justice” and will identify “Op. Casino Loyale NPA” on the “memo” line. The payment can be provided to: United States Attorney’s Office, Civil Division, Financial Litigation Section, 000 X. Xxx Xxxxxxx Xx., Xxxxx 0000, Xxx Xxxxxxx, XX 00000, with email proof of the same provided to the USAO.
Payment of Monetary Penalty. 6. The Company agrees to pay a monetary penalty in the amount of $500,000, to the United States Treasury within ten (10) days of the filing of the Information. The Company and the Office agree that this monetary penalty is appropriate given the facts and circumstances of this case. The $500,000 penalty is final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Office that $500,000 is the maximum penalty that may be imposed in any future prosecution, and the Office is not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Office agrees that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment. The Company acknowledges that no United States tax deduction may be sought in connection with the payment of any part of this $500,000 penalty.
