AMENDMENT 619

Amendment: Section 2C1.3 is amended in the title by adding "; Payment or Receipt of Unauthorized Compensation" after "Interest".

Section 2C1.3 is amended by adding after subsection (b) the following:

"(c) Cross Reference

(1) If the offense involved a bribe or gratuity, apply §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right) or §2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity), as appropriate, if the resulting offense level is greater than the offense level determined above.".

The Commentary to §2C1.3 captioned "Statutory Provisions" is amended by inserting ", 209, 1909" after "208".

The Commentary to §2C1.3 captioned "Application Note" is amended in Note 1 by inserting "Abuse of Position of Trust.—" before "Do not".

The Commentary to §2C1.3 is amended by striking the background as follows:

"Background: This section applies to financial and non-financial conflicts of interest by present and former federal officers and employees.".

Chapter Two, Part C is amended by striking §2C1.4 and its accompanying commentary as follows:

"§2C1.4. Payment or Receipt of Unauthorized Compensation

(a) Base Offense Level: 6

Commentary

Statutory Provisions: 18 U.S.C. §§ 209, 1909.

Application Note:

1. Do not apply the adjustment in §3B1.3 (Abuse of Position of Trust or Use of Special Skill).

Background: Violations of 18 U.S.C. § 209 involve the unlawful supplementation of salary of various federal employees. 18 U.S.C. § 1909 prohibits bank examiners from performing any service for compensation for banks or bank officials.".

Section 8C2.1(a) is amended by striking "2C1.4,".

Reason for Amendment: The amendment (1) consolidates §§2C1.3 (Conflict of Interest) and 2C1.4 (Payment or Receipt of Unauthorized Compensation) covering payments to obtain public office, to promote ease of application; and (2) adds a cross reference in §2C1.3 (Conflict of Interest; Payment or Receipt of Unauthorized Compensation) to §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right) and §2C1.2 (Offering, Giving, Soliciting, or Receiving a Gratuity) to account for aggravating conduct often occurring in offenses involving the unlawful supplementation of the salary of various federal officials and employees committed in violation of 18 U.S.C. § 209.

The amendment simplifies guideline operation by consolidating §§2C1.3 and 2C1.4. Consolidation is appropriate because the gravamen of the offenses covered by §§2C1.3 and 2C1.4 is similar: unauthorized receipt of a payment in respect to an official act. The cross reference to §2C1.1 or §2C1.2 was added by this amendment because the cases to which these guidelines apply usually involve a conflict of interest offense that is associated with a bribe or gratuity.

Effective Date: The effective date of this amendment is November 1, 2001.