Court Can’t Order Contributions In Addition to Maximum Criminal Fine
Government’s request for $44 million in funding for community service projects is rejected
When CITGO Petroleum Corporation and CITGO Refining and Chemicals Company were convicted on two felony counts each of operating an oil water separator without proper emission controls and three misdemeanor counts of unlawfully taking migratory birds the government asked for the maximum criminal fine of $2.9 million. It also asked for a five-year probation and “community service” in the form of fully funding seven proposed projects in the amount of $44 million. The companies said they were willing to pay the fines, but not make the contributions. A trial court in Texas has agreed it has no power to require the contributions. (U.S. v. CITGO Petroleum Corporation, S.D. TX, No. C-06-563, 9/18/12.)
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