With no explanation, chose the best option from "A", "B", "C" or "D". 676 F.2d 969, 975 (3d Cir. 1982); Carty v. Schneider, 986 F. Supp. 933, 38 V.I. 213 (D.V.I. 1997). In contrast, a fine is a criminal contempt sanction if the amount of the fine is fixed and imposed unconditionally as a punishment for past disobedience. See Hicks, 485 U.S. at 632-33 (“An unconditional penalty is criminal in nature because it is solely and exclusively punitive in character.” (citations and quotations omitted)); see also Latrobe Steel Co., 545 F.2d at 1343 (“[T]he penalties arising out of adjudications of criminal contempt are generally an absolute fine of a specific amount . . . .”). Criminal fines are retroactive, and may not be avoided by purging the contemptuous conduct. See Penfield Co. of Cal. v. SEC, 330 U.S. 585, 590, 67 S. Ct. 918, 921, 91 L. Ed. 1117 (1947) (<HOLDING>). Here, the June 13, 2006, order was phrased in

A: holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it
B: holding that a flat unconditional fine for 50 was a criminal sanction because the contemnor had no subsequent opportunity to reduce or avoid the fine through compliance
C: recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error
D: holding that a fiftytwo million dollar fine could not be imposed as a sanction for criminal contempt except through a jury trial
B.