3. Examples of Application of FECA Sentencing
Guidelines
The following six examples illustrate how the
Department believes the guideline for campaign financing crimes
would work for various FECA financing crimes. Each scenario
assumes conviction after trial. 66 We have also assumed that the
defendant falls under Criminal History Category I.
(a) Example 1: The conduit
Factual Scenario: The defendant permitted his name to
be used by another person to make a contribution of $4,000
to a federal candidate ($2,000 for the primary and $2,000
for the general election) in violation of 52 U.S.C. § 30122.
The funds used to make the contribution came from the
other person. The aggregate value of the conduit
violations is $4,000. Because the aggregate violation is at
least $2,000 but does not exceed $25,000, it is a
misdemeanor under 52 U.S.C. § 30109(d)(1)(A)(ii). 67
As readers know, the majority of federal prosecutions result in pleas
of guilty, which generally result in a reduction of two or three levels in the
defendant’s total offense level under § 3E1.1 for acceptance of responsibility.
We have not included calculations based on guilty pleas. A two- or three-level
reduction in total offense level, especially at higher total levels, may result in a
significant reduction in the recommended term of imprisonment.
66
The offense is a Class A misdemeanor, 18 U.S.C. § 3559(a)(6), to which
the guidelines apply. U.S.S.G. § 1B1.2(a).
67
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