Calculation of Fine Range. Base Fine (USSG §§ 8C2.4(a), (e)) $1,607,700,000 Multipliers (USSG § 8C2.6) 1.6 (min)/3.2 (max) Fine Range (USSG § 8C2.7) $2,572,320,000 to $5,144,640,000
Calculation of Fine Range. Base Fine $1,607,700,000 Multipliers 1.6 (min)/3.2 (max) Fine Range $2,572,320,000 to $5,144,640,000
Calculation of Fine Range. Based upon Guidelines § 8C2.6, the fine range is calculated as follows: Base fine $150,000,000 Minimum multiplier 1.6 Maximum multiplier 3.2 Fine range $240,000,000 - $480,000,000
Calculation of Fine Range. Based upon USSG § 8C2.7, the fine range is calculated as follows: Base Fine $ 10.5 million Multipliers 1.6 to 3.2 Fine Range $ 16.8 million/$33.6 million
Calculation of Fine Range. Based upon Guideline § 8C2.6, the fine range is calculated as follows: Base fine $80,000,000 Minimum multiplier 1.6 Maximum multiplier 3.2 FINE RANGE $128,000,000 - $256,000,000 10. The fine range under the U.S. Sentencing Guidelines overstates the financial significance of AT&T Illinois’s misconduct because the total financial benefit AT&T Illinois would receive in future years is (i) difficult to calculate, (ii) subject to advances in technology that have subsequently diminished the future value of the unlawful conduct described in the Statement of Facts, and (iii) contingent upon further federal regulatory approvals that may not be granted. Taking these factors into account, as well as AT&T Illinois’s remediation and cooperation as set forth in this Agreement, the parties agree that a discount of the applicable United States Sentencing Guideline range is appropriate, and that the appropriate total criminal penalty is $23,000,000. AT&T Illinois shall be responsible for paying $23,000,000 to the Crime Victims Fund (CVF) within thirty (30) days of the filing of this Agreement. Nothing in the Agreement shall be deemed an agreement regarding a maximum penalty that may be imposed in any future prosecution, and the government is not precluded from arguing in any future prosecution that the Court should impose a higher fine, disgorgement or civil or criminal forfeiture, although the government agrees that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine imposed as part of a future judgment. AT&T Illinois agrees that no tax deduction may be sought in connection with the payment of any part of the fine, and AT&T Illinois may not seek to recover any portion of the fine through surcharges, fees or any other charges to customers. AT&T Illinois shall not seek or accept directly or indirectly reimbursement or indemnification from any source other than another subsidiary of AT&T Inc. with regard to the fine amount or any other amount it pays pursuant to any other agreement entered into with an enforcement authority or regulator concerning the facts set forth in the Statement of Facts.
