Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level is 8, pursuant to Guideline § 2B4.1(a). ii. The offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value of the bribes paid was approximately $592,000, which is more than $400,000, but less than $1,000,000. iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The It is the government’s position that the base offense level is 830, pursuant to Guideline § 2B4.1(a). ii. The offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B2D1.1(a)(5) and Guideline § 2B1.1(b)(1)(H(c) because the value defendant is responsible for approximately 1,490,400 units of the bribes paid was approximately $592,000a Schedule II Depressant, which is more than $400,0001,000,000 units, but less than $1,000,0003,000,000 units. Defendant reserves the right to disagree with the government’s position on the applicable base offense level. ii. It is the government’s position that, pursuant to § 2D1.1(b)(7), 2 levels are added because defendant used an online service to market narcotics. Defendant disagrees with the application of this enhancement. iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because If the Court determines that defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal accepted responsibility for his criminal conduct. If conduct within the government does not receive additional evidence in conflict with this provisionmeaning of Guideline § 3E1.1(a), and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. The government reserves the right to dispute the applicability of this reduction. v. iv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 814, pursuant to Guideline § 2B4.1(a2C1.1(a)(1), because defendant was a public official. ii. The It is the government’s position that, pursuant to Guideline § 2B1.1(b)(1)(B), the base offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) 2, because the value of the bribes paid bribe was approximately $592,000, which is more than $400,000, 5,000 but less than $1,000,00010,000. Defendant reserves the right to argue that this enhancement does not apply. iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. iv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 87, pursuant to Guideline § 2B4.1(a).2B1.1 ii. The offense level is increased by 14 levels 18 levels, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) 2B1.1(b)(1)(J), because the value amount of the bribes paid was approximately loss is between $592,000, which is more than 3,500,000 and $400,000, but less than $1,000,0009,500,00. iii. The offense level is increased by 2 levels levels, pursuant to Guideline § 3B1.3 3B1.3, because the defendant abused a position of public trust in a manner that significantly facilitated committing the commission or concealment of the instant offense. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 87, pursuant to Guideline § 2B4.1(a2B1.1(a)(1). ii. The government contends, and the defendant reserves the right to disagree, that the offense level is must be increased by 14 10 levels to level 17 pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H2B1.1(b)(1)(F) because the value of the bribes paid loss was approximately $592,000, which is more than $400,000, but less than $1,000,000120,000. iii. The government contends, and the defendant reserves the right to disagree, that the offense level is must be increased by 2 4 levels to level 21 pursuant to Guideline § 3B1.3 2B1.1(b)(2)(A) because defendant abused a position of public trust in a manner that significantly facilitated the commission offense involved 50 or concealment of the offensemore victims. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 8, Counts One and Two are placed into a single group pursuant to Guideline § 2B4.1(a3D1.2(d). ii. The base offense level is 24, pursuant to Guideline §§ 2T1.4(a)(1) and 2T4.1(J), because the tax loss resulting from the offenses in the group and relevant conduct, approximately $5,350,243, exceeded $2,500,000 and was less than $7,000,000. iii. The base offense level is increased by 14 two levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H2T1.4(b)(1)(B) because defendant was in the value business of preparing and assisting in the bribes paid was approximately $592,000, which is more than $400,000, but less than $1,000,000. iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position preparation of public trust in a manner that significantly facilitated the commission or concealment of the offensetax returns. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The parties agree that the base offense level is 87, pursuant to Guideline § 2B4.1(a2B1.1(a)(1)(B). ii. The parties agree that the offense level is must be increased by 14 levels 10 levels, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) §2B1.1(b)(1)(F), because the value of the bribes paid loss caused by defendant’s offense was approximately $592,000, which is more than $400,000, but less than $1,000,000122,110.80. iii. The It is the position of the United States that the offense level is must also be increased by an additional 2 levels levels, pursuant to Guideline § 3B1.3 §3B1.3, because defendant abused a position of public private trust in a manner that significantly facilitated the commission or and concealment of the his offense. Defendant opposes this enhancement. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 87, pursuant to Guideline § 2B4.1(a2B1.1(a)(1). ii. The government contends, and the defendant reserves the right to disagree, that the offense level is must be increased by 14 12 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H2B1.1(b)(1)(G) because the value of the bribes paid loss was approximately $592,000, which is more than $400,000, but less than $1,000,000200,000. iii. The government contends, and the defendant reserves the right to disagree, that the offense level is must be increased by 2 6 levels pursuant to Guideline § 3B1.3 2B1.1(b)(2)(C) because defendant abused a position of public trust in a manner that significantly facilitated the commission offense involved 250 or concealment of the offensemore victims. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 86, pursuant to Guideline § 2B4.1(a2B1.1(a)(2). ii. The offense level is increased by 14 levels 14, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value of the bribes paid was approximately $592,000, which loss is more than $400,000, 400,000 but less than $1,000,000. iii. The offense level is increased by 2 levels 2, pursuant to Guideline § 2B1.1(b)(9)(C) because the offense involved sophisticated means. iv. The offense level is increased by 2, pursuant to Guideline § 3B1.3 because defendant abused a position of public trust private trust, in a manner that significantly facilitated the commission or concealment of the offense. iv. v. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. vi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 8, pursuant to Guideline § 2B4.1(a). ii. The offense level is increased by 14 levels levels, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) ), because the value of the bribes paid improper benefit conferred was approximately $592,0001,331,168.451, which is more than $400,000, but 550,000 and less than $1,000,0001.5 million. iii. The offense level is increased by 2 levels levels, pursuant to Guideline § 3B1.3 3B1.3, because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 87, pursuant to Guideline § 2B4.1(a2B1.1(a)(1). ii. The offense level is increased by 14 levels levels, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) ), because the value offense involved a loss of the bribes paid was approximately $592,000732,357, which is more greater than $400,000550,000, but less than $1,000,0001,500,000. iii. The offense level is increased by 2 levels 4 levels, pursuant to Guideline § 3B1.3 2B1.1(b)(2)(B) because defendant abused a position of public trust the offense resulted in a manner that significantly facilitated the commission substantial financial hardship to five or concealment of the offensemore victims. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 8, pursuant to Guideline § 2B4.1(a2B1.4(a). ii. The Pursuant to Guideline § 2B1.4(b)(1) and § 2B1.1(b)(1)(H), the base offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value total gain to defendant and to Individual A as result of the bribes paid instant offense was approximately $592,000478,000, which is more greater than $400,000, 400,000 but less than $1,000,000. iii. The Pursuant to Guideline § 3B1.3, the base offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offenseprivate trust. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 87, pursuant to Guideline § 2B4.1(a). ii. The offense level is increased by 14 levels levels, to 21, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) ), because the value of the bribes paid was approximately $592,000, which loss to Company A is more than $400,000, 500,000 but less than $1,000,0001,500,000. iii. The offense level is increased by 2 levels levels, to 23, pursuant to Guideline § 3B1.3 3B1.3, because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offenseprivate trust. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level for the charge in Count 1 of the information, and the relevant conduct reflected in paragraph 7 above, is 8, 24 pursuant to Guideline Guidelines §§ 2B4.1(a)2T3.1(a)(1) and 2T4.1(J) because the amount of antidumping duties avoided, that is, approximately $3,953,515, exceeded $2.5 million but was less than $7 million. ii. The offense level It is increased by 14 levels the government’s position that pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value of the bribes paid was approximately $592,000§2T1.1(b)(2), which is more than $400,000, but less than $1,000,000. iii. The defendant’s offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position defendant’s offense involved sophisticated means. Defendant disagrees with the applicability of public trust in a manner that significantly facilitated the commission or concealment of the offensethis Guideline. iviii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § §3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. iv. In accord with Guideline § §3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § §3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level for the offense is 86, pursuant to Guideline § 2B4.1(a2B1.1(a)(2). ii. The Pursuant to Guideline § 2Bl.l(b)(l)(G), the offense level is increased by 14 12 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value aggregate loss of $332,702 from the bribes paid was approximately $592,000, which offense is more greater than $400,000200,000, but less than $1,000,000400,000. iii. The Pursuant to Guideline § 2Bl.l(b)(10)(B), the offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position substantial part of public trust in a manner that significantly facilitated fraudulent scheme was committed from outside the commission or concealment of the offenseUnited States. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 86, pursuant to Guideline § 2B4.1(a2B1.1(a)(2).; ii. The government contends, and the defendant reserves the right to disagree, that the offense level is must be increased by 14 levels 8 levels, pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) 2B1.1(b)(1)(E), because the value of the bribes paid was approximately $592,000, which intended loss amount is more than $400,000, 70,000 but less than $1,000,000.120,000 ($106,417); iii. The offense level is must be increased by 2 levels levels, pursuant to Guideline § 3B1.3 2B1.1(b)(9)(B), because defendant abused the offense involved a position misrepresentation or other fraudulent action during the course of public trust in a manner that significantly facilitated the commission or concealment of the offense.bankruptcy proceeding; iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.