A. A sentence to pay a fine that is imposed on an enterprise for an offense defined in this code shall be a sentence to pay an amount, fixed by the Court, of not more than $20,000.
B. In determining the amount of fine to impose against the enterprise, the Court may consider any evidence or information that was introduced or submitted to it before sentencing or on any evidence that was previously heard at trial and shall consider the following factors, if relevant:
1. The income and assets of the enterprise and the economic impact of the penalty on the enterprise;
2. Any prior criminal, civil or regulatory misconduct by the enterprise;
3. The degree of harm resulting from the offense;
4. Whether the offense resulted in pecuniary gain;
5. Whether the enterprise made good faith efforts to comply with any applicable requirements;
6. The duration of the offense;
7. The role of the directors, officers or principals of the enterprise in the offense;
8. Whether the offense involved an unusually vulnerable victim due to age, physical or mental condition or any other factor that would make the victim particularly susceptible to criminal conduct;
9. Whether the offense involved a threat to a market;
10. Whether the enterprise breached a fiduciary duty in committing the offense;
11. The obligation of the enterprise to pay restitution; and
12. Any other factors that the court deems appropriate.
C. A judgment that the enterprise shall pay a fine shall constitute a lien in like manner as a judgment for money rendered in a civil action.
D. ENTERPRISE, as used in this section shall have the same meaning as in A.R.S. § 13-2301.D.2, including but not limited to any corporation, partnership, association, labor union or other legal entity or any group of persons associated in fact although not a legal entity.
(Ord. 02-689, passed - -2002)