Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level is 7, pursuant to Guideline § 2B1.1(a)(1). ii. The loss attributable to the offense and relevant conduct for which ▇▇▇▇▇▇ is responsible is approximately $708,274, which is more than $400,000, but less than $1,000,000, and therefore results in a 14 level increase in the offense level, pursuant to Guideline § 2B1.1(b)(1)(H). iii. ▇▇▇▇▇▇ abused a position of private trust in the commission of the offense and relevant conduct by among other things, using her authority to access and make entries on customer loan account files in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3. iv. 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. v. 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 reportable income omitted by defendant on her federal income tax returns for tax years 2005-2008 is approximately $1,998,952 and the resulting total “tax loss” for the purposes of calculating the base offense level is 7approximately $745,872. ii. Therefore, pursuant to Guideline §§ 2T.1.1 and 2T4.11(H), the base offense level for the offenses described in Count Thirty-Two and relevant conduct as set forth above, is 20, because the amount of tax loss was more than $400,000 but less than $1,000,000. iii. The offense level is increased by 2 levels, pursuant to Guideline § 2B1.1(a)(1). ii. The loss attributable 2T1.1(b)(1) because defendant failed to the offense and relevant conduct for which ▇▇▇▇▇▇ is responsible is approximately report income exceeding $708,274, which is more than $400,000, but less than $1,000,000, and therefore results 10,000 in a 14 level increase in the offense level, pursuant to Guideline § 2B1.1(b)(1)(H). iii. ▇▇▇▇▇▇ abused a position of private trust in the commission of the offense and relevant conduct by among other things, using her authority to access and make entries on customer loan account files in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3any year from criminal activity. iv. 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. v. 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 parties agree that the base offense level is 720, pursuant to ii. The parties further agree that the offense level must be increased iii. It is the position of the United States that the offense level must also be increased by 2 levels, pursuant to Guideline § 2B1.1(a)(1§2B3.1(b)(2)(F). ii, because defendant made a threat of death. The loss attributable Defendant reserves the right to the offense and relevant conduct for which ▇▇▇▇▇▇ is responsible is approximately $708,274, which is more than $400,000, but less than $1,000,000, and therefore results in a 14 level increase in the offense level, pursuant to Guideline § 2B1.1(b)(1)(H). iii. ▇▇▇▇▇▇ abused a position of private trust in the commission of the offense and relevant conduct by among other things, using her authority to access and make entries on customer loan account files in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3challenge this enhancement. iv. 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. Defendant acknowledges that if she falsely denies or frivolously contests facts which the Court determines to be true, such action would be inconsistent with acceptance of responsibility, and the government’s position as to the defendant’s acceptance of responsibility could change. v. 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 the offense of conviction is 714, pursuant to Guideline § 2B1.1(a)(1§2C1.1(a)(1), because defendant was a public official. ii. The loss attributable Pursuant to Guideline §2C1.1(b)(2), because the value to be obtained exceeded $5000, the offense and relevant conduct for which ▇▇▇▇▇▇ level is responsible is approximately $708,274increased by the number of levels from the table in §2B1.1. iii. Pursuant to Guideline §2B1.1(b)(1)(H), which is more than $400,000, but less than $1,000,000, and therefore results in a 14 level increase in is warranted because the offense level, pursuant to Guideline § 2B1.1(b)(1)(H). iii. ▇▇▇▇▇▇ abused a position of private trust in the commission pecuniary value of the offense and relevant conduct by among other things, using her authority intended loss foreseeable to access and make entries on customer loan account files in a manner defendant was more than $400,000 but less that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3$1,000,000. iv. Pursuant to Guideline §2C1.1(b)(3), a four level increase is warranted because defendant and Blagojevich were public officials in high-level decision- making or sensitive positions. v. Pursuant to Guideline §3B1.2, a two level decrease is warranted because defendant was a minor participant in the criminal activity. vi. 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. v. vii. 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.

Offense Level Calculations. i. The base offense level is 7, 14 pursuant to Guideline § 2B1.1(a)(12K2.1(a)(6) because the defendant committed the offense with knowledge that the offense would result in the transfer of a firearm to a prohibited person under 18 U.S.C. § 922(g). ii. The loss attributable to the offense and relevant conduct for which ▇▇▇▇▇▇ is responsible is approximately $708,274, which is more than $400,000, but less than $1,000,000, and therefore results in a 14 level increase in the offense level, pursuant Pursuant to Guideline § 2B1.1(b)(1)(H2K2.1(b)(1)(A), the offense level is increased by two levels to 16, because the offense involved three firearms. iii. ▇▇▇▇▇▇ abused a position of private trust in the commission of the offense and relevant conduct by among other things, using her authority to access and make entries on customer loan account files in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3. iv. 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. v. iv. 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.