contributions back to the two corporations. The defendant
makes clear to senior management that their success in his
companies depends on their participation in the scheme.
The defendant’s motive is ideological – all the recipients
represent causes in which he believes. The aggregate
value involved in the defendant’s conduct is $50,000.
The conduct would be charged in two counts: one felony
violation
of
Section
30118
charged
under
§ 30109(d)(1)(A)(i), and fifty violations of Section 30122
aggregated together as one felony offense charged under
§ 30109(d)(1)(D)(i).
Total offense level: 20
Base Offense Level under § 2C1.8(a): 8
Enhancements for aggregate value of offense between
$40,000 and $95,000 under § 2B1.1(b)(1)(D): 6
Enhancements for number of illegal transactions
under § 2C1.8(b)(4) (Fifty-two offenses – two
§ 30118 corporate contribution offenses and fifty
§ 30122 conduit offenses): 2
Enhancement for intimidation and threats under
§ 2C1.8(b)(5): 4
Recommended Sentence:
(1) Incarceration: 33 to 41 months in Zone D
(2) Fine: Because the nature of the conduct would
result in convictions under both the criminal
penalty applicable to conduit violations of
FECA (§ 30109(d)(1)(D)), and the criminal
penalty applicable to non-conduit violations of
FECA (§ 30109(d)(1)(A)), the statutory
189
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