contribution, donation, solicitation, or expenditure that may
be made under such Act; and (C) in the case of a violation of
18 U.S.C. § 607, any solicitation or receipt of money or
anything of value under that section.
The terms
“contribution” and “expenditure” have the meaning given
those terms in section 301(8) and (9) of the Federal Election
Campaign Act of 1971 (52 U.S.C. § 30101(8) and (9)),
respectively.
2.
Application of Subsection (b)(3)(B).— Subsection (b)(3)(B)
provides an enhancement for a defendant who commits
the offense for the purpose of achieving a specific,
identifiable non- monetary Federal benefit that does not rise
to the level of a bribe or a gratuity. Subsection (b)(3)(B) is
not intended to apply to offenses under this guideline in
which the defendant’s only motivation for commission of
the offense is generally to achieve increased visibility with,
or heightened access to, public officials. Rather,
subsection (b)(3)(B) is intended to apply to defendants who
commit the offense to obtain a specific, identifiable nonmonetary Federal benefit, such as a Presidential pardon
or information proprietary to the government.
3.
Application of Subsection (b)(4).— Subsection (b)(4) shall
apply if the defendant engaged in any combination of 30
or more illegal transactions during the course of the offense,
whether or not the illegal transactions resulted in a
conviction for such conduct.
4.
Departure Provision.— In a case in which the defendant’s
conduct was part of a systematic or pervasive corruption of
a governmental function, process, or office that may cause
loss of public confidence in government, an upward
departure may be warranted.
*
*
183
*
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents