In the State Attorney's Directive 1.14 – The Prosecution's Policy on Criminal Prosecution and Punishment of a Corporation, it was determined that the purpose of the punishment is to get the corporation out of its mouth (paragraph 13 of the Directive). It was determined that the prosecution would also consider the financial situation of the corporation in formulating its punitive position, and the possible harm to the shareholders, employees of the company and its creditors.
5.4 Determining the Penalty Range in the Case Before Me
5.4.1. Determination of the Penalty Range for Fine Offenses
In order to determine the appropriate penalty area, the maximum fine penalty prescribed for the offense in sections 61 and 63 of the Penal Law or in a specific statutory provision that determines the amount of a specific fine must be referred to and this must be treated as a reference point for the area to be determined. This is similar to a prison sentence that takes into account, as part of the parameters, the maximum prison sentence prescribed alongside the offense (as attesting to the social severity attributed to it).
Section 61(a) of the Penal Law determines the rate of fines. Subsection (4) establishes the amount of the fine for an offense punishable by imprisonment of more than three years and adds and allows for the imposition of fines also by virtue of section 63 of the Law, which deals with the imposition of a fine according to the value of the damage or the benefit of the benefit, which states:
"63. (a) For an offense in which the defendant intends to cause pecuniary damage to another or to obtain a benefit for himself or another, the court may impose on the defendant a fine four times the value of the damage caused or of the benefit obtained by the offense, or the fine prescribed by the statute, whichever is greater.
(b) If a person is convicted of an offense and receives something as a reward for its performance or as a means of carrying it out, the court may impose on him a fine of four times the value of the matter, or the fine prescribed in the statute, whichever is greater.