In addition, when creating the guideline in 2003, the
Sentencing Commission amended Section 3D1.2(d) regarding
closely related counts to include Section 2C1.8, and amended
Section 5E1.2 to incorporate FECA’s mandatory minimum fining
provisions and maximum fining range under 52 U.S.C.
§ 30109(d)(1)(D) for conduit crimes that violate 52 U.S.C.
§ 30122.
Finally, in commenting on the guideline, the Sentencing
Commission recognized that there might be cases in which
the defendant has entered into a conciliation agreement with the
FEC. The Commission stated that the existence of such a
conciliation agreement, and the extent of compliance with it,
are appropriate factors for a sentencing court to consider in
determining at what point within the applicable fine guideline
range to sentence the defendant. However, the Commission also
stated that these factors are not appropriate when the defendant
began negotiations toward a conciliation agreement after
becoming aware of a criminal investigation.
In addition to sentencing issues, a criminal disposition for
a FECA offense might present an opportunity for the defendant
to obtain a concurrent settlement from the FEC of his or her
civil liability for FECA violations through what is known as a
“global” plea agreement. If during plea negotiations the
defendant indicates a desire to settle his or her civil FECA
liability as well, the Department can assist in forwarding this
request to the FEC. The normal procedure is for the federal
prosecutor to contact the Public Integrity Section, which will
forward the defendant’s request and proposed civil settlement to
the FEC for its consideration.
184
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