Deleted departure provisions of §2C1.1. Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions

Former §2C1.1, comment. (n.7) (Upward departure based on monetary value of unlawful payment that is not known or does not adequately reflect seriousness of offense): In some cases the monetary value of the unlawful payment may not be known or may not adequately reflect the seriousness of the offense. For example, a small payment may be made in exchange for the falsification of inspection records for a shipment of defective parachutes or the destruction of evidence in a major narcotics case. In part, this issue is addressed by the enhancements in §2C1.1(b)(2) and (c)(1), (2), and (3).[8] However, in cases in which the seriousness of the offense is still not adequately reflected, an upward departure is warranted. See Chapter Five, Part K (Departures). Former §2C1.1, comment. (n.7) (Upward departure based on defendant’s conduct being part of a systematic or pervasive corruption): In a case in which the court finds that the defendant’s conduct was part of a systematic or pervasive corruption of a governmental function, process, or office that may cause loss of public confidence in government, an upward departure may be warranted. See §5K2.7 (Disruption of Governmental Function). USSG §2C1.1(b)(2) (Nov. 2024) instructed to increase the offense level by the applicable number of levels from the loss table at §2B1.1 (Theft, Property Destruction, and Fraud) if “the value of the payment, the benefit received or to be received in return for the payment, the value of anything obtained or to be obtained by a public official or others acting with a public official, or the loss to the government from the offense, whichever is greatest, exceeded $6,500.” Section 2C1.1(c) contained three cross references instructing to apply other guidelines if the resulting offense level from their application is greater than that determined by applying subsections (a) and (b) of §2C1.1. Subsection (c)(1) instructed, if the offense was committed for the purpose of facilitating the commission of another criminal offense, to apply the offense guideline applicable to a conspiracy to commit that other offense. Subsection (c)(2) instructed, if the offense was committed for the purpose of concealing, or obstructing justice in respect to, another criminal offense, apply §2X3.1 (Accessory After the Fact) or §2J1.2 (Obstruction of Justice), as appropriate, in respect to that other offense. Subsection (c)(3) instructed to apply §2B3.2 (Extortion by Force or Threat of Injury or Serious Damage) if the offense involved a threat of physical injury or property destruction.