Following a finding of civil contempt against the defendant for repeatedly forging bank records and lying under oath, the court held a penalty hearing.
Applying criminal sentencing principles, the court weighed aggravating factors, including the deliberate and repeated nature of the deceit, against mitigating factors such as the defendant's eventual remorse and lack of prior record.
The court determined that a significant costs award was the appropriate sanction to punish and deter the conduct, ordering the defendant to pay $400,000 as a penalty, plus $44,118.46 for the costs of the hearing on a substantial indemnity basis.