Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level for Count One is 20, pursuant to Guideline § 2B3.1. ii. The offense level for Count One must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was taken. iii. The base offense level for Count Two is 20, pursuant to Guideline § 2B3.1. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was taken. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for 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 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. ix. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of 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 Count One is 207, pursuant to Guideline § 2B3.12B1.1(a)(1). ii. The government contends, and the defendant reserves the right to disagree, that the offense level for Count One must be increased by 2 10 levels to level 22, 17 pursuant to Guideline § 2B3.1(b)(1), 2B1.1(b)(1)(F) because property of a financial institution the loss was takenmore than $120,000. iii. The base government contends, and the defendant reserves the right to disagree, that the offense level for Count Two is 20, must be increased by 4 levels to level 21 pursuant to Guideline § 2B3.12B1.1(b)(2)(B) because the offense involved 50 or more victims. iv. The government contends, and the defendant reserves the right to disagree, that the offense level for Count Two One must be increased by 2 4 levels to level 22, 25 pursuant to Guideline § 2B3.1(b)(1), 3B1.1(a) because property the defendant was an organizer and leader of a financial institution criminal activity that involved five or more participants and was takenotherwise extensive. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level for Count One is appropriate. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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 levellevel of Count One.

Offense Level Calculations. i. The base offense level for the charge in Count One of the superseding indictment is 2024, pursuant to Guideline § 2B3.1.2D1.1(c)(4) and Note (E) of the Notes to Drug Quantity Table because the offense involved the equivalent of more than 100 kilograms but less than 400 kilograms of marijuana; ii. The government will contend that the base offense level for Count One must be is increased by 2 two levels to level 2226, pursuant to Guideline § 2B3.1(b)(12D1.1(b)(1), because property defendant possessed a firearm as part of a financial institution was takenthe offense. Defendant reserves the right to challenge this adjustment. iii. The base Pursuant to Guideline §2D1.1(b)(12), the government will contend that because the defendant maintained a premises for the purpose of manufacturing and distributing a controlled substance, the offense level for Count Two is 20, pursuant increased by two levels to Guideline § 2B3.1level 28. Defendant reserves the right to challenge this adjustment. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was taken. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ix. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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. vi. Defendant understands that should he falsely deny or otherwise frivolously contest the scope of the offense and relevant conduct, such conduct would be inconsistent with acceptance of responsibility and the government will contest the application of Guideline '' 3E1.1(a) and (b), and defendant could lose the three-level reduction for acceptance of responsibility. vii. If the Court determines that Guideline § 5Cl.2 and Title 18, United States Code, Section 3553(f) are applicable, the Court shall impose a sentence without regard to any statutory minimum sentence, and the offense level shall be reduced by two levels, pursuant to Guideline § 2D1.1(b)(16).

Offense Level Calculations. i. The base offense level for Count One is 2018, pursuant to Guideline § 2B3.1§2E1.2(a)(2), Guideline §2E1.2 Application Note 2, and Guideline §2B3.2, because the most analogous federal offense to the underlying unlawful activity is extortion by force or threat of injury or serious damage. ii. The Pursuant to Guideline § 2B3.2(b)(1), because the offense involved express or implied threat of death and bodily injury, the offense level for Count One must be is increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was takenlevels. iii. The base Pursuant to Guideline §2B3.2(b)(2), because the loss amount to the victim exceeded $20,000, the offense level for Count Two is 20increased based upon the table in Guideline §2B3.1(b)(7). Accordingly, pursuant to Guideline § 2B3.1the offense level is increased by four levels, because the loss amount exceeded $1,500,000 but was less than $3,000,000. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant Pursuant to Guideline § 2B3.1(b)(13A1.1(b)(1), it is the government’s position that the offense level should be increased 2 levels because property the defendant knew or should have known that a victim of the offense was a financial institution vulnerable victim, and specifically because defendant knew or should have known that Victim A was taken.elderly and had limited vision when defendant victimized Victim A. Defendant reserves the right to contest the applicability of this Guideline provision v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for 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 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of 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 Count One is 206, pursuant to Guideline § 2B3.12B1.1(a)(2). ii. The offense level for Count One must be increased by 2 levels to level 22, pursuant Pursuant to Guideline § 2B3.1(b)(12B1.1(b)(1)(I), the offense level is increased by 16 levels because property of a financial institution the loss for which defendant is accountable is more than $1,000,000. In particular, the government’s position is that the loss to Medicare resulting from the scheme described herein and for which defendant is accountable was takenapproximately $1.78 million and that the loss to the Railroad Retirement Board resulting from the scheme described herein and for which defendant is accountable was approximately $74,000. iii. The base offense level for Count Two is 20, pursuant Pursuant to Guideline § 2B3.12B1.1(b)(7), the offense level is increased by two levels because defendant is convicted of a federal health care offense involving a government health care program, namely, Medicare, and the loss was more than $1,000,000. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant Pursuant to Guideline § 2B3.1(b)(1)3B1.3, the government’s position is that the offense level is increased by two levels because property defendant abused a position of public or private trust in a financial institution was takenmanner that significantly facilitated the commission and concealment of the offense. Defendant’s position is that Guideline § 3B1.3 does not apply. Each party is free to present evidence or argument on this issue. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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 position of the government that the total amount of money involved in the offense for which ▇▇▇▇▇ is accountable is at least $869,303.32, and that the base offense level for Count One is 2022, pursuant to Guideline §§ 2S1.1(a)(2) and 2B1.1(b)(1)(h), because the value of the laundered funds is greater than $550,000 but less than $1,500,000. It is defendant’s position that a lower base offense level applies. Both parties reserve the right to present evidence and argument on this issue at sentencing. ii. Six levels are added, pursuant to Guideline § 2B3.12S1.1(b)(1), because the defendant knew that the laundered funds were the proceeds of an offense involving the manufacture, importation, or distribution of a controlled substance. iiiii. The Two levels are added to the offense level for Count One must be increased by 2 levels to level 22level, pursuant to Guideline § 2B3.1(b)(12S1.1(b)(2)(B), because property of a financial institution the defendant was takenconvicted under 18 U.S.C. § 1956. iiiiv. The base It is the government’s position that four levels are added to the offense level for Count Two is 20level, pursuant to Guideline § 2B3.1. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(13B1.1(a), because property defendant was an organizer of a financial institution criminal activity that involved five or more participants or was takenotherwise extensive. It is defendant’s position that this enhancement does not apply. Both parties reserve the right to present evidence and argument on this issue at sentencing. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for 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 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of 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 Count One is 2014, pursuant to Guideline § 2B3.12C1.1(a)(1), because defendant was a public official. ii. The Pursuant to Guideline § 2C1.1(b)(2), because the value of the property obtained exceeded $5,000, the base offense level for Count One must be is increased by the number of levels from the table in Guideline § 2B1.1. Pursuant to Guideline § 2B1.1(b)(1)(I), the base offense level is increased by 16 because the value of the property obtained was more than $1,500,000 but less than $3,500,000. iii. Pursuant to Guideline § 2C1.1(b)(3), the base offense level is increased by 4 levels because the offense involved a public official in a high-level decision-making or sensitive position. iv. It is the government’s position that pursuant to Guideline § 3C1.1, the base offense level is increased by 2 levels because the defendant attempted to level 22, pursuant obstruct justice with respect to Guideline § 2B3.1(b)(1), because property the offense of a financial institution was taken. iiiconviction and relevant conduct. The base offense level for Count Two is 20, pursuant Defendant reserves the right to Guideline § 2B3.1. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was takenargue that this enhancement does not apply. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for 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 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of 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 Pursuant to Guideline § 2K2.1(a)(4)(A), the base offense level for Count One is 2020 because the defendant committed the instant offense subsequent to sustaining one felony conviction of a controlled substance offense, namely the conviction set forth below in paragraph 9(c)(iii). ii. Pursuant to Guideline § 2K2.1(b)(1)(B), the offense level is increased by 4 because the offense including relevant conduct involved between 8 and 24 firearms; iii. Pursuant to Guideline § 2K2.1(b)(4)(B), the offense level is increased by 4 because at least one of the firearms had an altered or obliterated serial number; iv. It is the government’s position that the offense level should be increased by 4 pursuant to Guideline § 2B3.1.2K2.1(b)(5) because the defendant engaged in trafficking of firearms. Defendant disagrees that this enhancement applies. Both parties are free to present evidence and argument as to their respective positions at sentencing; ii. The offense level for Count One must be increased by 2 levels to level 22, pursuant v. Pursuant to Guideline § 2B3.1(b)(12K2.1(b)(6)(A), because property of a financial institution was taken. iii. The base the offense level for Count Two is 20, pursuant to Guideline § 2B3.1. iv. The offense level for Count Two must be increased by 2 levels 4 because defendant transferred the firearms with reason to level 22, pursuant to Guideline § 2B3.1(b)(1), because property believe that the firearms would be transported out of a financial institution was taken. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1United States. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ixvii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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. As for Count One: i. The base offense level for the charge in Count One of the second superseding indictment is 2014, pursuant to Guideline § 2B3.1§2.C1.1(a)(1) because defendant was a public official. ii. The base offense level for Count One must be is increased by 2 levels to level 22because the offense involved more than one bribe or extortion, pursuant to Guideline § 2B3.1(b)(1§2.C1.1(b)(1), because property of a financial institution was taken. iii. The base offense level for Count Two is 20increased by 6 levels because the value of the payments received by defendant were greater than $30,000 but less than $70,000, pursuant to Guideline §§ 2B3.12C1.1(b)(2) and 2B1.1(b)(1)(D). iv. The base offense level for Count Two must be is increased by 2 4 levels to level 22because the offense involved an elected public official, pursuant to Guideline § 2B3.1(b)(1§2C1.1(b)(3), because property of a financial institution was taken.. As for Count Thirteen: v. The base offense level for the conduct stipulated charge in Paragraph 7 Count Thirteen of this Agreement the second superseding indictment is level 208, pursuant to Guideline § 2B3.1§§2.T1.1(a)(1) and 2T4.1(B) because the tax loss was more than $2,000 but less than $5,000. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for 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 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. ixvii. In accord with Guideline § §3E1.1(b), defendant has timely notified the government of 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 for Count One is 2024, pursuant to Guideline §§ 2S1.1(a)(2) and 2B1.1(b)(1)(I), because the value of the laundered funds is greater than $1,500,000 but less than $3,500,000. ii. Six levels are added, pursuant to Guideline § 2B3.12S1.1(b)(1), because the defendant knew that the laundered funds were the proceeds of an offense involving the manufacture, importation, or distribution of a controlled substance. iiiii. The Two levels are added to the offense level for Count One must be increased by 2 levels to level 22level, pursuant to Guideline § 2B3.1(b)(12S1.1(b)(2)(B), because property of a financial institution the defendant was takenconvicted under 18 U.S.C. § 1956. iiiiv. The base It is the government’s position that four levels are added to the offense level for Count Two is 20level, pursuant to Guideline § 2B3.1. iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(13B1.1(a), because property defendant was an organizer of a financial institution criminal activity that involved five or more participants or was takenotherwise extensive. It is defendant’s position that this enhancement does not apply. Both parties reserve the right to present evidence and argument on this issue at sentencing. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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 for Count One is 207, pursuant to Guideline § 2B3.12B1.1(a)(1). ii. The offense level for Count One must be is increased by 2 levels to level 2216 levels, pursuant to Guideline § 2B3.1(b)(12B1.1(b)(I), because property of a financial institution was takenthe actual loss for the offense is $2,119,578, which is more than $1.5 million but less than $3.5 million. Defendant reserves the right to argue that the loss is less than $1.5 million. iii. The base offense level for Count Two is 20, pursuant increased by 2 levels because the offense involved more than ten victims. Defendant reserves the right to Guideline § 2B3.1argue that the offense involved less than ten victims. iv. The offense level for Count Two must be is increased by 2 levels to level 22levels, pursuant to Guideline § 2B3.1(b)(12B1.1(b)(10)(C), because property of a financial institution was takenthe offense involved sophisticated means. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20increased by 2 levels, pursuant to Guideline § 2B3.1Guideline§ 3B1.3, because defendant abused a position of private trust in carrying out the offense. Defendant reserves the right to argue that this enhancement does not apply. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ixvii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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 for Count One is 206, pursuant to Guideline § 2B3.1' 2B1.1(a). ii. The government contends, and the defendant reserves the right to disagree, that pursuant to Guideline 2B1.1(b)(1)(H), the offense level for Count One must be is increased by 2 14 levels to level 22, pursuant to Guideline § 2B3.1(b)(1)20, because property of a financial institution was takenthe loss exceeded $400,000. iii. The base offense level for Count Two is 20government contends, and the defendant reserves the right to disagree, that pursuant to Guideline § 2B3.12B1.1(b)(2)(B), the offense level is increased by 4 levels to level 24, because the offense involved 50 or more victims. iv. The government contends, and the defendant reserves the right to disagree, that pursuant to Guideline 3B1.1(a), the offense level for Count Two must be is increased by 2 4 levels to level 22, pursuant to Guideline § 2B3.1(b)(1)28, because property the defendant was an organizer or leader of a financial institution criminal activity that involved five or more participants and was takenotherwise extensive. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her his actions within the meaning of Guideline § ' 3E1.1(a), including by furnishing the United States Attorney’s =s Office and the Probation Office with all requested financial information relevant to her 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. ixvi. In accord with Guideline § ' 3E1.1(b), defendant has timely notified the government of her 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 for Count One is 207, pursuant to ii. The parties further agree that the offense level must be increased iii. The parties further agree that the offense level must be increased by an additional 4 levels, pursuant to Guideline § 2B3.1. ii. The offense level for Count One must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1§2B1.1(b)(2)(B), because property of a financial institution was taken. iii. The base defendant’s offense level for Count Two is 20, pursuant to Guideline § 2B3.1involved 50 or more victims. iv. The United States may take the position that the offense level for Count Two must be increased by an additional 2 levels to level 22levels, pursuant to Guideline § 2B3.1(b)(1§3B1.1(c), because property the defendant was an organizer, leader, manager, and supervisor of a financial institution was takenthe criminal activity. Defendant objects to this enhancement. v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1. vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken. vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4. viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. ixvi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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.