Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level is 26 pursuant to Guidelines §§ 2T1.4(a)(1) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,000. ii. Pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels because the offense involved sophisticated means. iii. 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. 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 for the offense is 26 level 6, pursuant to Guidelines §§ 2T1.4(a)(1) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,000.to ii. Pursuant The offense level must be increased by 6 levels to level 12, iii. The offense level must be increased by 2 levels to level 14, pursuant to Guideline § 2T1.1(b)(22B1.1(b)(8)(B), the offense level is increased two levels because the offense involved sophisticated means.included a misrepresentation or fraudulent action during the course of a bankruptcy proceeding; iiiiv. 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. iv. 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 It is the position of the government that the base offense level is 26 pursuant to Guidelines §Guideline § 2T1.4(a)(1) and 2T4.1(K2M5.1(a)(1)(A) because national security controls and controls relating to the actual tax loss was at least $24,824,834proliferation of nuclear, which biological, or chemical weapons or materials were evaded. It is greater than $9,500,000 but less than $25,000,000the position of the defendant that the base offense level is 14 pursuant to Guideline § 2M5.1(a)(2). ii. Pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels because the offense involved sophisticated means. iii. 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. iviii. 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 26 20 pursuant to Guidelines Guideline §§ 2T1.4(a)(12T1.1(a)(1) and 2T4.1(K) 2T4.1(H), because the actual tax loss was at least $24,824,834, which amount is greater more than $9,500,000 550,000 but less not more than $25,000,0001,500,000. ii. Pursuant The base offense level is increased by 2 levels pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels because the offense involved for use of sophisticated means. iii. 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. 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 26 7, pursuant to Guidelines §ne § 2T1.4(a)(1) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,0002B1.1(a)(1). ii. Pursuant The government contends, and the defendant reserves the right to disagree, that the offense level must be increased by 10 levels to level 17 pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels 2B1.1(b)(1)(F) because the offense involved sophisticated meansloss was more than $120,000. iii. 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. 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 is 26 6, pursuant to Guidelines §Guideline § 2T1.4(a)(1) 2B1.1(a)(2). ii. The government contends, and 2T4.1(K) the defendant reserves the right to disagree, that the offense level must be increased by 6 levels to level 12, pursuant to Guideline § 2B1.1(b)(1)(d), because the actual tax loss was at least $24,824,834, which is greater more than $9,500,000 40,000 but less than $25,000,000. ii. Pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels because the offense involved sophisticated means95,000. iii. 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. 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 26 7, pursuant to Guidelines §Guideline § 2T1.4(a)(1) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,0002B1.1(a)(1). ii. Pursuant The government contends, and the defendant reserves the right to Guideline § 2T1.1(b)(2)disagree, that the offense level is must be increased two by 14 levels pursuant to Guideline ' 2B1.1(b)(1)(G) because the offense involved sophisticated meansintended loss was more than $400,000. iii. 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. 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 for Count Six is 26 6, pursuant to Guidelines §Guideline § 2T1.4(a)(12E5.3(a)(2) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,000§ 2B1.1(a)(2). ii. Pursuant to Guideline §§ 2T1.1(b)(22E5.3(a)(2) and 2B1.1(b)(1), the offense level is increased two by sixteen levels to level 22, because the offense involved sophisticated meansloss to the Funds exceeded $1,500,000. iii. The base offense level for Count Eleven is 20, pursuant to Guideline § 2T1.6(a) and § 2T4.1(H). iv. Pursuant to Guideline § 3D1.4, the base offense level for Counts Six and Eleven is 24. v. 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. ivvi. 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.