The Conservative Cave

The Bar => The Lounge => Topic started by: rich_t on May 14, 2009, 04:14:49 PM

Title: Legal Question
Post by: rich_t on May 14, 2009, 04:14:49 PM
A question for any lawyers out there.

I don't want to bias any opinions by providing my reason for asking, but I suspect the reason will be self evident upon reading the relevant sections of the US Code.

Does 18 USC Sec. 3571 (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003571----000-.html), supercede the fine provided in 13 USC Sec. 221 (http://www4.law.cornell.edu/uscode/html/uscode13/usc_sec_13_00000221----000-.html)
Title: Re: Legal Question
Post by: formerlurker on May 14, 2009, 05:02:05 PM
Quote
Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense



Pretty straightforward. 






Title: Re: Legal Question
Post by: rich_t on May 14, 2009, 06:25:06 PM
Quote from: formerlurker on May 14, 2009, 05:02:05 PM


Pretty straightforward. 



So is that a yes or a no?

If I thought it was straight forward, I wouldn't have posed the question.

The penalty under Title 13 Sec 221 specifies two different levels of fines.  A $100 fine for not answering at all and a $500 fine for willingly providing false answers.

Title 18 Sec. 3571 provides a fine of not more than $5000 for being found guilty.

So does the 18 3571 supercede 13 221 or not?

Please keep in mind that most of us that post here are not lawyers, so I would appreciate any and all explanations (in layman terms please) that you lawyer types can provide.