Recommended Sentence:
(1) Incarceration: 33 to 41 months in Zone D.
(2) Fine: between $15,000 and $150,000, calculated
under § 5E1.2(c)(3). 68
(e) Example 5: Major political party donor
seeking a benefit from the government
Factual Scenario: A wealthy individual wishes to
contribute to a national political party committee in
order to win political influence to obtain a pardon for
his best friend. Under FECA, as amended by the
Bipartisan Campaign Reform Act, individuals may give
only $25,000 per year to national political party
committees, and national political party committees
cannot accept soft money. The individual therefore
donates the remaining $225,000 to the national party
committee by giving the committee the benefit of his
personal jet to fly committee staffers around the
country, at a value of $225,000, in violation of 2
U.S.C. § 441a(a)(1)(B). The aggregate value of the
offense is $225,000 charged under Section
437g(d)(1)(A)(i).
Total Offense Level: 22
Base Offense Level under § 2C1.8(a): 8
Enhancement for value between $200,000 and
$400,000 under § 2B1.1(b)(1)(G): 12
Enhancement for number of illegal transactions under
§ 2C1.8(b)(4)
(one
$225,000
excessive
contribution to a national party committee): 0
68
There were no conduit offenses involved in this example. Therefore
the mandatory minimum fine and maximum fining range under Section
30109(d)(1)(D) do not apply.
191
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