Common use of Specific Offense Characteristics Clause in Contracts

Specific Offense Characteristics. The government contends that the offense level should be increased by 30 levels, because the loss is in excess of $400 million. (U.S.S.G. § 2B1.1(b)(1)). The defendant reserves the right to argue the loss amount is less based on the value of assets available to repay the obligations. The parties stipulate that the offense level should be increased by 2 levels, because of the number of victims involved. (U.S.S.G. § 2B1.1(b)(2)).

Specific Offense Characteristics. The government contends that the offense level should be increased by 30 28 levels, because the loss is in excess of $200 million but less than $400 million. (U.S.S.G. § 2B1.1(b)(12B1.1(b)(1)(O)). The defendant reserves the right to argue contends that the loss amount is less than that asserted by the government because the loss amount is overstated in light of the defendant’s role in the offense and because the loss amount is less than that alleged based on the value of the assets available to repay involved in the obligationstransactions within the defendant’s role in the offense. The parties stipulate agree that the offense level should be increased by 2 levels, because of the number of victims involved. (U.S.S.G. § 2B1.1(b)(2)).