Sentencing Guidelines » Chapter 2 c

U.S.S.G. § 2C1.8

Making, Receiving, or Failing to Report a Contribution, Donation, or Expenditure in Violation of the Federal Election Campaign Act; Fraudulently Misrepresenting Campaign Authority; Soliciting or Receiving a Donation in Connection with an Election While on Certain Federal Property

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(a)       Base Offense Level: 8

(b)      Specific Offense Characteristics

(1)       If the value of the illegal transactions exceeded $6,500, 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 the offense involved, directly or indirectly, an illegal transaction made by or received from—

(A)       a foreign national, increase by 2 levels; or

(B)       a government of a foreign country, increase by 4 levels. 

(3)       If (A) the offense involved the contribution, donation, solicitation, expenditure, disbursement, or receipt of governmental funds; or (B) the defendant committed the offense for the purpose of obtaining a specific, identifiable non-monetary federal benefit, increase by 2 levels.

(4)       If the defendant engaged in 30 or more illegal transactions, increase by 2 levels.

(5)       If the offense involved a contribution, donation, solicitation, or expenditure made or obtained through intimidation, threat of pecuniary or other harm, or coercion, increase by 4 levels.

(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; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions) 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.

 

Commentary

Statutory Provisions: 18 U.S.C. § 607; 52 U.S.C. §§ 30109(d), 30114, 30116, 30117, 30118, 30119, 30120, 30121, 30122, 30123, 30124(a), 30125, 30126. For additional provision(s), see Appendix A (Statutory Index).

Application Notes:

1.      Definitions.—For purposes of this guideline:

"Foreign national" has the meaning given that term in section 319(b) of the Federal Election Campaign Act of 1971, 52 U.S.C. § 30121(b).

"Government of a foreign country" has the meaning given that term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. § 611(e)).

"Governmental funds" means money, assets, or property, of the United States government, of a State government, or of a local government, including any branch, subdivision, department, agency, or other component of any such government. "State" means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa. "Local government" means the government of a political subdivision of a State.

"Illegal transaction" means (A) any contribution, donation, solicitation, or expenditure of money or anything of value, or any other conduct, prohibited by the Federal Election Campaign Act of 1971, 52 U.S.C. § 30101 et seq.; (B) any contribution, donation, solicitation, or expenditure of money or anything of value made in excess of the amount of such contribution, donation, solicitation, or expenditure that may be made under such Act; and (C) in the case of a violation of 18 U.S.C. § 607, any solicitation or receipt of money or anything of value under that section. The terms "contribution" and "expenditure" have the meaning given those terms in section 301(8) and (9) of the Federal Election Campaign Act of 1971 (52 U.S.C. § 30101(8) and (9)), respectively.

2.      Application of Subsection (b)(3)(B).—Subsection (b)(3)(B) provides an enhancement for a defendant who commits the offense for the purpose of achieving a specific, identifiable non-monetary federal benefit that does not rise to the level of a bribe or a gratuity. Subsection (b)(3)(B) is not intended to apply to offenses under this guideline in which the defendant's only motivation for commission of the offense is generally to achieve increased visibility with, or heightened access to, public officials. Rather, subsection (b)(3)(B) is intended to apply to defendants who commit the offense to obtain a specific, identifiable non-monetary federal benefit, such as a presidential pardon or information proprietary to the government.

3.      Application of Subsection (b)(4).—Subsection (b)(4) shall apply if the defendant engaged in any combination of 30 or more illegal transactions during the course of the offense, whether or not the illegal transactions resulted in a conviction for such conduct.

Historical Note:  Effective January 25, 2003 (amendment 648).  Amended effective November 1, 2003 (amendment 656); November 1, 2005 (amendment 679); November 1, 2015 (amendments 791 and 796); November 1, 2024 (amendment 831); November 1, 2025 (amendment 836).

 

 

Notes of Decisions
Cited in 4 cases, 2016–2017 · leading case: United States v. Rowland, 826 F.3d 100 (2d Cir. 2016).
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United States v. Rowland, 826 F.3d 100 (2d Cir. 2016). · cites it 2× “Guidelines Calculation Finally, Rowland challenges the District Court’s application of a six-level sentencing enhancement for “the value of the illegal transactions” pursuant to U.S.S.G. §§ 2C1.8 and 2B1.1. “This Court reviews a district court’s application of the Guidelines de…”
United States v. Rowland (2d Cir. 2016). “See U.S.S.G. § 2C1.8 (2014). The District Court calculated the 17 value of the illegal transactions to be $35,000, the total amount of the payments 18 Rowland received from Apple.”
United States v. Kent Sorenson, 705 F. App'x 481 (8th Cir. 2017). “” See United States Sentencing Guidelines § 2C1.8(b)(l). Because Sorenson received $132,915.”
United States v. Sorenson, 233 F. Supp. 3d 690 (S.D. Iowa 2017). “Sentencing Commission’s records, USSG § 2C1.8 has only been applied fifty-nine times in the last decade.”
— U.S.S.G. §2C1.8(b)(l) — 1 case
United States v. Kent Sorenson, 705 F. App'x 481 (8th Cir. 2017). “” See United States Sentencing Guidelines § 2C1.8(b)(l). Because Sorenson received $132,915.”
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