Chapter 2 Adjustments

Set base offense level and special offense characteristics (SOCs).

Total Offense Level:14

Selected Guideline: 2C1.1 - Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions

the defendant was a public official; or
Level 14
otherwise.
Level 12
Total Offense Level:14

Statutory Provisions:

  • 15 U.S.C. §§ 78dd-1, 78dd-2, 78dd-3
  • 18 U.S.C. §§ 201(b)(1), (2), 226, 227, 371 (if conspiracy to defraud by interference with governmental functions), 872, 1341 (if the scheme or artifice to defraud was to deprive another of the intangible right of honest services of a public official), 1342 (if the scheme or artifice to defraud was to deprive another of the intangible right of honest services of a public official), 1343 (if the scheme or artifice to defraud was to deprive another of the intangible right of honest services of a public official), 1951. For additional statutory provision(s), see Appendix A (Statutory Index)

Special Offense Characteristics:

Check the characteristics that apply to calculate the total offense level.

+2 levels
Note: Increase by the number of levels from the table in §2B1.1 corresponding to the value of the payment, the benefit received or to be received, the value of anything obtained by a public official, or the loss to the government, whichever is greatest.
See table in §§2B1.1 for specific adjustment levels.
+4 levels (min level 18)
+2 levels

Cross References:

If the offense was committed for the purpose of facilitating the commission of another criminal offense:
Apply otherApply the offense guideline applicable to a conspiracy to commit that other offense
If the offense was committed for the purpose of concealing, or obstructing justice in respect to, another criminal offense:
Apply 2X3.1or2J1.2Apply §2X3.1 (Accessory After the Fact) or §2J1.2 (Obstruction of Justice), as appropriate, in respect to that other offense
If the offense involved a threat of physical injury or property destruction:
Apply 2B3.2(Extortion by Force or Threat of Injury or Serious Damage)

Chapter 2 Offense Level Calculation:

Base Offense Level:0
Current Total:14