Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level for defendant’s offense of conviction is 33, pursuant to Guideline §§ 2K1.4(c)(1), 2M6.1(c)(2) and 2A2.1(a)(1). ii. Defendant’s offense level should be raised by 4 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct. iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5). 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 for defendant’s the offense of conviction is 33level 7, pursuant to ii. The Government contends, and the defendant reserves the right iii. The Government contends, and the Defendant reserves the right to disagree, that the offense level must be increased by 2 levels to level 23, pursuant to Guideline §§ 2K1.4(c)(12B1.1(b)(2)(B), 2M6.1(c)(2) and 2A2.1(a)(1). ii. Defendant’s offense level should be raised by 4 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct. iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5).involved 10 or more 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 for defendant’s offense of conviction is 337, pursuant to Guideline §§ 2K1.4(c)(1), 2M6.1(c)(2) and 2A2.1(a)(12B1.1(a)(1). ii. Defendant’s The offense level should be raised is increased by 4 levels 12 levels, pursuant to Guideline § 2A2.1(b)(2) 2B1.1(b)(1)(G), because defendant requested and received money for engaging in the offense conductloss is $490,975, which is more than $250,000 but less than $550,000. iii. DefendantThe government’s position is that the offense level should be raised is increased by 12 levels 2 levels, pursuant to Guideline § 3A1.4(a) 2B1.1(b)(10)(C), because the offense involved sophisticated means, including the use of conviction involves shell companies to ▇▇▇▇ ▇▇▇▇▇▇▇▇ and State Farm for consulting work that was intended not performed. Defendant disagrees and reserves the right to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5)argue that this enhancement does not apply. 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 for defendant’s offense of conviction is 337, pursuant to Guideline §§ 2K1.4(c)(1), 2M6.1(c)(2) and 2A2.1(a)(12B1.1(a)(1). ii. Defendant’s The loss to victim individuals as a result of the scheme and relevant conduct loss is at least $1,000,000, and as a result, the offense level should be raised is increased by 4 16 levels pursuant to Guideline §2B1.1(b)(1)(i). iii. The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels pursuant to Guideline §2B1.1(b)(2)(C). iv. A substantial part of the scheme was committed outside the United States, and as a result, the offense level is increased by 2 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct. iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(52B1.1(b)(10)(B). 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- level reduction in the offense level.

Offense Level Calculations. i. The base offense level for defendant’s the offense of conviction is 33level 7, pursuant to ii. The Government contends, and the defendant reserves the right iii. The Government contends, and the Defendant reserves the right to disagree, that the offense level must be increased by 2 levels to level 23, pursuant to Guideline §§ 2K1.4(c)(12B1.1(b)(2)(B), 2M6.1(c)(2) and 2A2.1(a)(1). ii. Defendant’s offense level should be raised by 4 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct. iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5).involved 10 or more 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.