AMENDMENT 368

Amendment: Chapter Two, Part C, is amended by inserting an additional guideline with accompanying commentary as §2C1.7 (Fraud Involving Deprivation of the Intangible Right to the Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions).

Reason for Amendment: This amendment provides an additional guideline to cover certain offenses that involve public corruption but do not fall within the guidelines of Chapter Two, Part C (Official Corruption) as currently written. In some cases, the statutes covered are used to prosecute offenses more appropriately covered under §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right), §2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity), or §2C1.3 (Conflict of Interest). A cross reference is provided to address such cases.

Effective Date: The effective date of this amendment is November 1, 1991.