Offense and Maximum Penalties Sample Clauses

Offense and Maximum Penalties. The defendant agrees to waive indictment and plead guilty to a criminal information charging the defendant with two counts of conspiracy to restrain trade, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1. The defendant understands that the statutory maximum penalty which may be imposed upon conviction for each violation of 15 U.S.C. § 1 is a fine equal to the greatest of: (a) $10 million (15 U.S.C. § l); (b) twice the gross pecuniary gain the conspirators derived from the crime (18 U.S.C. § 3571(c) and (d)); or (c) twice the gross pecuniary loss caused to the victims of the crime by the conspirators (18 U.S.C. § 3571(c) and (d)). In addition, the defendant understands that: (a) pursuant to 18 U.S.C. § 3561(c)(1), the Court may impose a term of probation of at least one year, but not more than five years; (b) pursuant to § 8B1.1 of the Sentencing Guidelines, the Court may order it to pay restitution to the victims of the offenses; and (c) pursuant to 18 U.S.C. § 3013(a)(2)(B) and U.S.S.G. § 8E1.1, the Court is required to order the defendant to pay a $400 special assessment upon conviction for each of the charged crimes.
Sample 1
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Offense and Maximum Penalties. The defendant agrees to waive indictment and plead guilty to a criminal information charging the defendant with conspiracy to restrain trade, in violation of 15 U.S.C. § 1. The defendant understands that the maximum penalty which may be imposed upon conviction for a violation of 15 U.S.C. § 1 is a fine equal to the greatest of: (a) $10 million (15 U.S.C. § 1); (b) twice the gross pecuniary gain the conspirators derived from the crime (18 U.S.C. § 3571(c) and (d)); or (c) twice the gross pecuniary loss caused to the victims of the crime by the conspirators (18 U.S.C. § 3571(c) and (d)). In addition, the defendant understands that: (a) pursuant to § 8B1.1 of the United States Sentencing Guidelines ("U.S.S.G.” or “Sentencing Guidelines"), the Court may order it to pay restitution to the victims of the offense; (b) pursuant to 18 U.S.C. § 3013(a)(2)(B) and U.S.S.G. § 8E1.1, the Court is required to order the defendant to pay a $400 special assessment upon conviction for the charged crime; and (c) pursuant to 18 U.S.C. § 3561(c)(1), the Court may impose a term of probation of at least one year, but not more than five years.
Sample 1
Offense and Maximum Penalties. The defendant agrees to waive indictment and plead guilty to a three-count criminal information. Count 1 of the criminal information charges the defendant with conspiracy, in violation of Title 18, United States Code, Section 371. Count 2 of the criminal information charges the defendant with communicating threats, in violation of Title 18, United States Code, Section 875. Count 3 of the criminal information charges the defendant with using the internet to place another in fear, in violation of Title 18, United States Code, Section 2261. The maximum penalty for each of these offenses is term of five years of imprisonment, a fine of $250,000, full restitution, a special assessment, and three years of supervised release. The defendant understands that these supervised release terms are in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release.
Sample 1
Offense and Maximum Penalties. The defendant agrees to plead guilty to Counts One and Two of the indictment. Count One of the indictment charges the defendant with Conspiracy to Manufacture, Distribute, and Possess with Intent to Manufacture and Distribute more than 40 grams of fentanyl, more than 100 grams of heroin, and more than 500 grams of cocaine, all in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B). The maximum penalties for Count One are a mandatory minimum term of imprisonment of five years, a maximum term of 40 years of imprisonment, a fine not to exceed $5,000,000, forfeiture of assets as outlined in paragraph 17 below, a special assessment of $100, and at least four years of supervised release. Count Two of the indictment charges the defendant with Distribution of Fentanyl Resulting in Serious Bodily Injury, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C). The maximum penalties for this offense are: a mandatory minimum term of imprisonment of 20 years, a maximum term of life imprisonment, a fine of $1,000,000, full restitution, forfeiture of assets as outlined in paragraph 17 below, a special assessment pursuant to 18 U.S.C. § 3013, and not less than three years of supervised release. The defendant understands that the supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release.
Sample 1
Offense and Maximum Penalties. The defendantagrees to waive indictment and plead guilty to Counts One and Two of the Criminal Information. Count 1 charges the defendant with bank fraud, in violation of Title 18, United States Code, Section 1344. The maximum penalties for this offense are a maximum term of 30 years of imprisonment, a fine of $1,000,000 or not more than the greater of twice the gross gain derived by any person from the offense or twice the gross loss to a person other than the defendant resulting from the offense, full restitution, forfeiture of assets as outlined below, special assessments pursuant to 18 U.S.C. §§ 3013 and 3014, and a supervised release term of not more than 5 years. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release.
Sample 1
Offense and Maximum Penalties. The defendant agrees to waive indictment and plead guilty to a single count criminal information charging the defendant with Providing Material Support and Resources to a Designated Foreign Terrorist Organization, specifically the Islamic State in Iraq and the Levant (ISIL), in violation of Title 18, United States Code, Section 2339B. The maximum penalties for this offense are a maximum term of 15 years of imprisonment, a fine of $250,000, forfeiture of assets as outlined in paragraph 14 below, a special assessment, and supervised release for life. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release.
Sample 1
Offense and Maximum Penalties. The defendant agrees to waive indictment and plead guilty to a single count criminal information charging the defendant with participating in a conspiracy to suppress and eliminate competition by allocating customers and rigging bids for contracts of foam-filled marine fenders and buoys in the United States and elsewhere from in or about June 2000, continuing until in or about August 2005, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1. The maximum penalties for this offense are a term of ten years of imprisonment, a fine in an amount equal to the greatest of (1) $1,000,000, (2) twice the gross pecuniary gain the conspirators derived from the crime, or (3) twice the gross pecuniary loss caused to the victims of the crime by the conspirators (15 U.S.C. § 1; 18 U.S.C. § 3571(b) and (d)), full restitution, a special assessment, and three years of supervised release. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for up to two years.
Sample 1
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Related to Offense and Maximum Penalties

  • CONTRACTUAL PENALTIES 1. Should the Accommodated Person fail to pay the price for the accommodation in the agreed amount, by the due date and under the correct variable symbol, he/she is obliged to pay interest on late payments under Section 10(2) of Act No. 176/2004 Coll., on the Disposal of the Property of Public Institutions and the Amendment to Act Xx. 000/0000 xx xxx Xxxxxxxx Xxxxxxx xx xxx Xxxxxx Xxxxxxxx, on the Slovak Forestry Chamber, as amended by Act No. 464/2002 Coll., as amended. In addition, he/she is obliged to pay a contractual penalty (even if the contractual obligations are breached not through a fault of the Accommodated Person, e.g., by error of the financial institution) in the amount of 0.3 % of the due amount for each day of delay. The agreement regarding the contractual penalty shall not affect the Landlord’s entitlement to demand compensation for damages. Both entitlements can be exercised by the Landlord concurrently. Both the contractual penalty and the interest on late payments are to be paid via a separate bank transfer to the Landlord’s account stated in Article I in the “Landlord” section hereof (separately from the price for the accommodation). 2. If the payment is to be searched for due to the incorrectly stated variable symbol, the Accommodated Person shall pay a contractual penalty amounting to EUR 5. 3. In the case of loss or theft of the accommodation card, the Accommodated Person shall pay the Landlord the sum for issuing a new card in the amount of EUR 13, and in the case of loss or theft of the key to the room, he/she shall pay the sum for making an extra key in the amount of EUR 20. The sum for issuing a new card and making an extra key is to be paid by the Accommodated person by a stand- alone wire transfer to the bank account of the Landlord provided in Article I, part “Landlord” of this Contract (separately from the price for accommodation and settlement of contractual penalties and default interest). The Landlord shall provide the Accommodated Person with a replacement key or a new accommodation ID only after the sum stipulated under this paragraph is paid. 4. In compliance with Section 544(1) of the Civil Code, the Accommodated Person is also obliged to pay the contractual penalty even though the Landlord did not incur any damage as a result of a breach of the obligations of the Accommodated Person.

  • Submitting False Claims; Monetary Penalties The AOC shall be entitled to remedy any false claims, as defined in California Government Code section 12650 et seq., made to the AOC by the Contractor or any Subcontractor under the standards set forth in Government Code section 12650 et seq. Any Contractor or Subcontractor who submits a false claim shall be liable to the AOC for three times the amount of damages that the AOC sustains because of the false claim. A Contractor or Subcontractor who submits a false claim shall also be liable to the AOC for (a) the costs, including attorney fees, of a civil action brought to recover any of those penalties or damages, and (b) a civil penalty of up to $10,000 for each false claim.

  • Overtime Penalty Rates On projects where the Total Cost of Work is $50m or greater, all time worked in excess of the ordinary hours and on weekends shall be paid at double time.

  • Judgments; Penalties One or more fines, penalties or final judgments, orders or decrees for the payment of money in an amount, individually or in the aggregate, of at least Two Hundred Fifty Thousand Dollars ($250,000.00) (not covered by independent third-party insurance as to which liability has been accepted by such insurance carrier) shall be rendered against Borrower by any Governmental Authority, and the same are not, within ten (10) days after the entry, assessment or issuance thereof, discharged, satisfied, or paid, or after execution thereof, stayed or bonded pending appeal, or such judgments are not discharged prior to the expiration of any such stay (provided that no Credit Extensions will be made prior to the satisfaction, payment, discharge, stay, or bonding of such fine, penalty, judgment, order or decree);

  • Civil Penalty ORLY shall issue two separate checks for a total amount of five hundred dollars ($500.00) as penalties pursuant to California Health & Safety Code § 25249.12 as follows: (a) one check made payable to the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) in the amount of three hundred and seventy five dollars ($375.00), representing 75% of the total penalty; and (b) one check to Xxxx Xxxxxxx in the amount of one hundred and twenty five dollars ($125.00), representing 25% of the total penalty. Additionally, two separate 1099’s shall be issued for the above payments. The first 1099 shall be issued to OEHHA, PO Box 4010, Sacramento, CA 95184 (EIN: 00-0000000) in the amount of $375.00. The second 1099 shall be issued in the amount of $125.00 to Xxxx Xxxxxxx be addressed to Xxxx Xxxxxxx C/O Xxxxxx X. Xxxxxxxx, Law Corporation and shall be delivered to Xxxxxx X. Xxxxxxxx, Law Corporation, 0000 X. Xxxxxxxxx, #649, Manhattan Beach, CA 90266. At ORLY's request, Xxxxxxx'x counsel shall provide ORLY with a W-9 for Xxxxxxx prior to the Effective Date.

  • Penalties Business Associate understands that: (a) there may be civil or criminal penalties for misuse or misappropriation of PHI and (b) violations of this Agreement may result in notification by Covered Entity to law enforcement officials and regulatory, accreditation, and licensure organizations.

  • PENALTIES PURSUANT TO HEALTH & SAFETY CODE § 25249.7(b)

  • Civil Penalty Payment Pursuant to Health and Safety Code § 25249.7(b)(2), and in settlement of all claims alleged in the Notice or referred to in this Settlement Agreement, XR agrees to pay two thousand ($2,000.00) in civil penalties. The penalty payment will be allocated in accordance with California Health and Safety Code §§ 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of Environmental Health Hazard Assessment (“OEHHA”) and the remaining 25% of the penalty amount retained by EHA. Shall issue two separate checks for the initial civil penalty payment to (a) “OEHHA” and (b) Environmental Health Advocates, Inc. as follows:  One payment of $1,500.00 to OEHHA, due 14 (fourteen) days after the Effective Date.  One payment of $500.00 to EHA, due 14 (fourteen) days after the Effective Date. All payments owed to OEHHA (EIN: 00-0000000), pursuant to this Section shall be delivered directly to OEHHA (Memo Line "Prop 65 Penalties") at the following addresses: P.O. Box 4010 Sacramento, CA 95812-4010 All penalty payments owed to EHA shall be sent to: Xxxxx Xxxxxx Environmental Health Advocates 000 Xxxxxxxx, Xxxxx 0000 Xxx Xxxxx, XX 00000

  • Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, the Friendship Entities and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions. 1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day the Friendship Entities fail to establish and implement any of the following obligations as described in Sections III and IV: a. a Compliance Officer; b. a Compliance Committee; c. the Board of Directors compliance obligations and the engagement of a Compliance Expert, the performance of a Compliance Program Review and the preparation of a Compliance Program Review Report, as required by Section III.A.3.; d. the management certification obligations; e. a written Code of Conduct; f. written Policies and Procedures; g. the development and/or implementation of a Training Plan for the training of Covered Persons, Relevant Covered Persons, and Board Members; h. a risk assessment and internal review process as required by Section III.E; i. a Disclosure Program; j. Ineligible Persons screening and removal requirements; k. notification of Government investigations or legal proceedings; l. policies and procedures regarding the repayment of Overpayments; m. the repayment of Overpayments as required by Section III.I and Appendix B; n. reporting of Reportable Events; and o. disclosure of changes to business units or locations. 2. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day the Friendship Entities fail to engage and use an IRO, as required by Section III.D, Appendix A, or Appendix B. 3. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day the Friendship Entities fail to submit the Implementation Report or any Annual Reports to OIG in accordance with the requirements of Section V by the deadlines for submission. 4. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day the Friendship Entities fail to submit any Claims Review or Additional Items Review Report in accordance with the requirements of Section III.D and Appendix B. 5. A Stipulated Penalty of $1,500 for each day the Friendship Entities fail to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the date the Friendship Entities fail to grant access.) 6. A Stipulated Penalty of $50,000 for each false certification submitted by or on behalf of the Friendship Entities as part of their Implementation Report, any Annual Report, additional documentation to a report (as requested by the OIG), or otherwise required by this CIA. 7. A Stipulated Penalty of $1,000 for each day the Friendship Entities fail to comply fully and adequately with any obligation of this CIA. OIG shall provide notice to the Friendship Entities stating the specific grounds for its determination that the Friendship Entities have failed to comply fully and adequately with the CIA obligation(s) at issue and steps the Friendship Entities shall take to comply with the CIA. (This Stipulated Penalty shall begin to accrue 10 days after the date the Friendship Entities receive this notice from OIG of the failure to comply.) A Stipulated Penalty as described in this Subsection shall not be demanded for any violation for which OIG has sought a Stipulated Penalty under Subsections 1- 6 of this Section.

  • Payment of Stipulated Penalties EPA may send Purchaser a demand for stipulated penalties. The demand will include a description of the noncompliance and will specify the amount of the stipulated penalties owed. Purchaser may initiate dispute resolution under Section XIII regarding the demand. Purchaser shall pay the amount demanded or, if Purchaser initiates dispute resolution, the uncontested portion of the amount demanded, within 30 days after receipt of the demand. Purchaser shall pay the contested portion of the penalties determined to be owed, if any, within 30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand or uncontested portion, if late, and; (b) the contested portion of the penalty demand determined to be owed, if any, must include an additional amount for Interest accrued from the date of receipt of the demand through the date of payment. Purchaser shall make payment at xxxxx://xxx.xxx.xxx using the link for “EPA Miscellaneous Payments Cincinnati Finance Center,” including a reference to the CERCLA docket number and Site/Spill ID number listed in ¶ 92, and the purpose of the payment. Purchaser shall send a notice of this payment to DOJ and EPA. The payment of stipulated penalties and Interest, if any, does not alter any obligation by Purchaser under this Settlement. Nothing in this Settlement limits the authority of the United States: (a) to seek any remedy otherwise provided by law for Purchaser’s failure to pay stipulated penalties or interest; or (b) to seek any other remedies or sanctions available by virtue of Purchaser’s noncompliance with this Settlement or of the statutes and regulations upon which it is based including penalties under section 106(b) of CERCLA provided, however, that the United States may not seek civil penalties under section 106(b) for any noncompliance for which a stipulated penalty is provided herein, except in the case of a willful noncompliance with this Settlement or in the event that EPA assumes performance of a portion or all of the Work pursuant to ¶ 30 (Work Takeover). Notwithstanding any other provision of this Section, the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued under this Settlement.

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