CHAPTER EIGHT - SENTENCING OF ORGANIZATIONS


PART C - FINES


2.      DETERMINING THE FINE - OTHER ORGANIZATIONS


§8C2.3.     Offense Level

(a)       For each count covered by §8C2.1 (Applicability of Fine Guidelines), use the applicable Chapter Two guideline to determine the base offense level and apply, in the order listed, any appropriate adjustments contained in that guideline.

(b)      Where there is more than one such count, apply Chapter Three, Part D (Multiple Counts) to determine the combined offense level.

Commentary

Application Notes:

1.      In determining the offense level under this section, "defendant," as used in Chapter Two, includes any agent of the organization for whose conduct the organization is criminally responsible.

2.      In determining the offense level under this section, apply the provisions of §§1B1.2 through 1B1.8.  Do not apply the adjustments in Chapter Three, Parts A (Victim-Related Adjustments), B (Role in the Offense), C (Obstruction and Related Adjustments), and E (Acceptance of Responsibility).

Historical Note:  Effective November 1, 1991 (see Appendix C, amendment 422).  Amended effective November 1, 2011 (see Appendix C, amendment 758).