Southern Union Co. v. United States

In Southern Union Co. v. United States, U.S. (2012) 132 S.Ct. 2344, the United States Supreme Court held that Apprendi applies to the imposition of criminal fines. There, the defendant company was convicted of an environmental offense which provided for a maximum fine of $50,000 for each day the relevant statute was violated. (Id. at p. 2349.) The court determined the number of days the statute was violated as the question had not been submitted to the jury. (Ibid.) The United States Supreme Court reversed, holding that the trial court's finding violated Apprendi. (Id. at p. 2357.) It explained: "Apprendi's 'core concern' is to reserve to the jury 'the determination of facts that warrant punishment for a specific statutory offense.' That concerns applies whether the sentence is a criminal fine or imprisonment or death. Criminal fines, like these other forms of punishment, are penalties inflicted by the sovereign for the commission of offenses." (Southern Union, supra, at p. 2350.)