Antitrust Fines
Here I found out how the Justice Dept. can charge a $500 million fine for Sherman Act violations when the Act’s maximum fine is $10 million:
18 U.S.C. § 3571(d) provides that the government can set as an alternative to the statutory maximum fine an amount that is twice the gain or twice the loss from the conduct. The principal reason for the Antitrust Division’s success in this area is that corporate defendants usually enter into a negotiated plea agreement rather than challenge the Division at trial and, if necessary, at a contested sentencing hearing. Plea agreements may include non-prosecution provisions involving other product areas or for corporate executives, resolution of U.S. travel status for individuals who are not U.S. citizens, or other benefits that outweigh the cost of agreeing to a fine much higher than the Sherman Act statutory maximum. Since 1996, the Division has obtained fines in excess of the statutory maximum $10 million in more than 30 cases, obtaining a fine as high as $500 million from a defendant of the vitamins cartel.