Criminal Fine. (Plea Agreement). PWC agrees to pay $4.6 million to the United States Treasury as set forth in the plea agreement between PWC and the Office. The basis for this payment is as follows: Ten development engines supported by the EEC software were actually delivered to China; two of the 10 development engines were used on a ground test version, PT01; six engines were used on each of three flight test aircraft, PT02, PT03 and PT03A; and the remaining two engines were used as spare development engines. The total revenues for the 10 development engines and associated spare parts and support, tooling, technical support for engine installation, operations and maintenance and support of the engines during the flight test program, minus the costs for producing such materials, is reasonably estimated by the parties to be $2 million. PWC subsequently overhauled and repaired one of those engines, resulting in a gross profit from that work reasonably estimated to be $300,000. Accordingly, the total gross gain to PWC is reasonably estimated by the parties to be $2.3 million. Accordingly, the $4.6 million fine represents twice the gross gain to PWC resulting from the offense conduct. See 18 U.S.C. §3571(d).
Criminal Fine. For Count 1, the parties agree to a fine of $14,500,000, pursuant to the alternative fine provision of 18 U.S.C. § 3571(d) (up to twice the gross gain or loss). For Count 2, the parties agree to a fine of $500,000.
Criminal Fine. Thirty million dollars of the total monetary penalty shall be designated as a criminal fine. The fine shall be apportioned as follows: $27,000,000 to Count 1, and $500,000 per count to Counts 2 – 7.
Criminal Fine. A person who knowingly violates this chapter shall be fined under this title. United States Code, Title 18, Sec. 2724 provides for the following Civil action.
Criminal Fine. Pursuant to the Alternative Fines Act, 18 U.S.C. § 3571(d), the defendant shall pay a criminal fine of $7,800,000. For purposes of this Plea Agreement only, the parties stipulate that the gross gain (identical to the gross loss) was $4,600,000. The fine is due and payable according to the following phased payment schedule: (1) $4,000,000 due at sentencing, (2) $2,000,000 due within 12 months of sentencing, and (3) any outstanding balance due within 24 months of sentencing. Pursuant to 16 U.S.C. § 3375(d), the entire fine shall be directed to the Lacey Act Reward Fund at the following address: Lacey Act Reward Fund, USFWS, Cost Accounting Section, P.O. Box 272065, Denver, CO 80227-9060, with the note “Case No. 2012803149.”
Criminal Fine. The parties agree that the criminal fine imposed by the Court as part of the Agreed Disposition shall be treated as an allowed, general unsecured claim not subject to reconsideration or subordination in the Endo Bankruptcy, to be paid in accordance with the terms of a separate agreement (the “U.S. Government Settlement Agreement”) by and among EHSI, the United States and other relevant parties, providing for the terms of resolving such claim and other federal government claims in the Endo Bankruptcy.
