CHAPTER TWO - PART B - BASIC ECONOMIC OFFENSES
4. COMMERCIAL BRIBERY AND KICKBACKS
§2B4.1. Bribery in Procurement of Bank Loan and Other Commercial Bribery
(a) Base Offense Level: 8
(b) Specific Offense Characteristics
(1) If the greater of the value of the bribe or the improper benefit to be conferred (A) exceeded $2,000 but did not exceed $5,000, increase by 1 level; or (B) exceeded $5,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount.
(2) (Apply the greater) If—
(A) the defendant derived more than $1,000,000 in gross receipts from one or more financial institutions as a result of the offense, increase by 2 levels; or
(B) the offense substantially jeopardized the safety and soundness of a financial institution, increase by 4 levels.
If the resulting offense level determined under subdivision (A) or (B) is less than level 24, increase to level 24.
(c) Special Instruction for Fines - Organizations
(1) In lieu of the pecuniary loss under subsection (a)(3) of §8C2.4 (Base Fine), use the greatest of: (A) the value of the unlawful payment; (B) the value of the benefit received or to be received in return for the unlawful payment; or (C) the consequential damages resulting from the unlawful payment.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1990 (see Appendix C, amendment 317); November 1, 1991 (see Appendix C, amendments 364 and 422); November 1, 1992 (see Appendix C, amendment 468); November 1, 1997 (see Appendix C, amendment 553); November 1, 2001 (see Appendix C, amendment 617); November 1, 2002 see Appendix C, amendments 639 and 646); November 1, 2004 (see Appendix C, amendment 666).
* * * * *