Recommended Sentence:
(1) Incarceration: 15 to 21 months in Zone D
(2) Fine: Between $154,000 and $540,000. Since
there are two counts of conviction, the total fine
would be the fine on each count added together,
calculated as follows:
(a) § 30118 count (corporate contribution).
Based on an offense level of 14, the guideline
range for a fine under this count is $7,500 to
$75,000. U.S.S.G. § 5E1.2(c)(3).
(b) § 30122 count (conduit contributions). By
statute, the fine imposed under this count would
be a minimum fine of $150,000 (300% of
aggregate violative amount) and a maximum fine
of $500,000
(1,000% of aggregate violative amount). 52
U.S.C.
§ 30109(d)(1)(D). Since these are higher fines
than those permitted under U.S.S.G.
§ 5E1.2(c)(3), they prevail. Id. § 5E1.2(c)(4).
(c) Total combined fine:
(i) minimum: $7,500 + $150,000 =
$162,500
(ii) maximum: $75,000 + $500,000 =
$575,000
(c) Example 3: Corporate contributor to multiple
candidates through threats and coercion
Factual Scenario: The defendant is an individual who
controls two corporations. The defendant gives $50,000 in
corporate funds to fifty federal candidates in $1,000
amounts by laundering them through fifty corporate senior
management personnel, and passes the cost of these
188
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