AMENDMENT 791
Section 2B1.1(b) is amended by striking paragraph (1) as follows:
“(1) If the loss exceeded $5,000, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $5,000 or less |
no increase |
| (B) More than $5,000 |
add 2 |
| (C) More than $10,000 |
add 4 |
| (D) More than $30,000 |
add 6 |
| (E) More than $70,000 |
add 8 |
| (F) More than $120,000 |
add 10 |
| (G) More than $200,000 |
add 12 |
| (H) More than $400,000 |
add 14 |
| (I) More than $1,000,000 |
add 16 |
| (J) More than $2,500,000 |
add 18 |
| (K) More than $7,000,000 |
add 20 |
| (L) More than $20,000,000 |
add 22 |
| (M) More than $50,000,000 |
add 24 |
| (N) More than $100,000,000 |
add 26 |
| (O) More than $200,000,000 |
add 28 |
| (P) More than $400,000,000 |
add 30.”; |
and inserting the following:
“(1) If the loss exceeded $6,500, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $6,500 or less |
no increase |
| ((B) More than $6,500 |
add 2 |
| (C) More than $15,000 |
add 4 |
| (D) More than $40,000 |
add 6 |
| (E) More than $95,000 |
add 8 |
| (F) More than $150,000 |
add 10 |
| (G) More than $250,000 |
add 12 |
| (H) More than $550,000 |
add 14 |
| (I) More than $1,500,000 |
add 16 |
| (J) More than $3,500,000 |
add 18 |
| (K) More than $9,500,000 |
add 20 |
| (L) More than $25,000,000 |
add 22 |
| (M) More than $65,000,000 |
add 24 |
| (N) More than $150,000,000 |
add 26 |
| (O) More than $250,000,000 |
add 28 |
| (P) More than $550,000,000 |
add 30.”. |
Section 2B1.4(b)(1) is amended by striking “$5,000” and inserting “$6,500”.
Section 2B1.5(b)(1) is amended by striking “$2,000” and inserting “$2,500”; and by striking “$5,000” both places such term appears and inserting “$6,500”.
Section 2B2.1(b) is amended by striking paragraph (2) as follows:
“(2) If the loss exceeded $2,500, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $2,500 or less |
no increase |
| (B) More than $2,500 |
add 1 |
| (C) More than $10,000 |
add 2 |
| (D) More than $50,000 |
add 3 |
| (E) More than $250,000 |
add 4 |
| (F) More than $800,000 |
add 5 |
| (G) More than $1,500,000 |
add 6 |
| (H) More than $2,500,000 |
add 7 |
| (I) More than $5,000,000 |
add 8.”; |
and inserting the following:
“(2) If the loss exceeded $5,000, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $5,000 or less |
no increase |
| (B) More than $5,000 |
add 1 |
| (C) More than $20,000 |
add 2 |
| (D) More than $95,000 |
add 3 |
| (E) More than $500,000 |
add 4 |
| (F) More than $1,500,000 |
add 5 |
| (G) More than $3,000,000 |
add 6 |
| (H) More than $5,000,000 |
add 7 |
| (I) More than $9,500,000 |
add 8.”. |
Section 2B2.3(b)(3) is amended by striking “$2,000” and inserting “$2,500”; and by striking “$5,000” both places such term appears and inserting “$6,500”.
Section 2B3.1(b) is amended by striking paragraph (7) as follows:
“(7) If the loss exceeded $10,000, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $10,000 or less |
no increase |
| (B) More than $10,000 |
add 1 |
| (C) More than $50,000 |
add 2 |
| (D) More than $250,000 |
add 3 |
| (E) More than $800,000 |
add 4 |
| (F) More than $1,500,000 |
add 5 |
| (G) More than $2,500,000 |
add 6 |
| (H) More than $5,000,000 |
add 7.”; |
and inserting the following:
“(7) If the loss exceeded $20,000, increase the offense level as follows:
| Loss (Apply the Greatest) |
Increase in Level |
| (A) $20,000 or less |
no increase |
| (B) More than $20,000 |
add 1 |
| (C) More than $95,000 |
add 2 |
| (D) More than $500,000 |
add 3 |
| (E) More than $1,500,000 |
add 4 |
| (F) More than $3,000,000 |
add 5 |
| (G) More than $5,000,000 |
add 6 |
| (H) More than $9,500,000 |
add 7.”. |
Section 2B3.2(b)(2) is amended by striking “$10,000” and inserting “$20,000”.
Sections 2B3.3(b)(1), 2B4.1(b)(1), 2B5.1(b)(1), 2B5.3(b)(1), and 2B6.1(b)(1) are each amended by striking “$2,000” and inserting “$2,500”; and by striking “$5,000” both places such term appears and inserting “$6,500”.
Sections 2C1.1(b)(2), 2C1.2(b)(2), and 2C1.8(b)(1) are each amended by striking “$5,000” and inserting “$6,500”.
Sections 2E5.1(b)(2) and 2Q2.1(b)(3) are each amended by striking “$2,000” and inserting “$2,500”; and by striking “$5,000” both places such term appears and inserting “$6,500”.
Section 2R1.1(b) is amended by striking paragraph (2) as follows:
“(2) If the volume of commerce attributable to the defendant was more than $1,000,000, adjust the offense level as follows:
| Volume of Adjustment to
Commerce (Apply the Greatest)
|
Offense Level |
| (A) More than $1,000,000 |
add 2 |
| (B) More than $10,000,000 |
add 4 |
| (C) More than $40,000,000 |
add 6 |
| (D) More than $100,000,000 |
add 8 |
| (E) More than $250,000,000 |
add 10 |
| (F) More than $500,000,000 |
add 12 |
| (G) More than $1,000,000,000 |
add 14 |
| (H) More than $1,500,000,000 |
add 16.”; |
and inserting the following:
“(2) If the volume of commerce attributable to the defendant was more than $1,000,000, adjust the offense level as follows:
| Volume of Adjustment to Commerce (Apply the Greatest) |
Offense Level |
| (A) More than $1,000,000 |
add 2 |
| (B) More than $10,000,000 |
add 4 |
| (C) More than $50,000,000 |
add 6 |
| (D) More than $100,000,000 |
add 8 |
| (E) More than $300,000,000 |
add 10 |
| (F) More than $600,000,000 |
add 12 |
| (G) More than $1,200,000,000 |
add 14 |
| (H) More than $1,850,000,000 |
add 16.”. |
Section 2T3.1(a) is amended by striking “$1,000” both places such term appears and inserting “$1,500”; and by striking “$100” both places such term appears and inserting “$200”.
Section 2T4.1 is amended by striking the following:
| “ Tax Loss (Apply the Greatest) |
Offense Level |
| (A) $2,000 or less |
6 |
| (B) More than $2,000 |
8 |
| (C) More than $5,000 |
10 |
| (D) More than $12,500 |
12 |
| (E) More than $30,000 |
14 |
| (F) More than $80,000 |
16 |
| (G) More than $200,000 |
18 |
| (H) More than $400,000 |
20 |
| (I) More than $1,000,000 |
22 |
| (J) More than $2,500,000 |
24 |
| (K) More than $7,000,000 |
26 |
| (L) More than $20,000,000 |
28 |
| (M) More than $50,000,000 |
30 |
| (N) More than $100,000,000 |
32 |
| (O) More than $200,000,000 |
34 |
| (P) More than $400,000,000 |
36.”; |
and inserting the following:
| “ Tax Loss (Apply the Greatest) |
Offense Level |
| (A) $2,500 or less |
6 |
| (B) More than $2,500 |
8 |
| (C) More than $6,500 |
10 |
| (D) More than $15,000 |
12 |
| (E) More than $40,000 |
14 |
| (F) More than $100,000 |
16 |
| (G) More than $250,000 |
18 |
| (H) More than $550,000 |
20 |
| (I) More than $1,500,000 |
22 |
| (J) More than $3,500,000 |
24 |
| (K) More than $9,500,000 |
26 |
| (L) More than $25,000,000 |
28 |
| (M) More than $65,000,000 |
30 |
| (N) More than $150,000,000 |
32 |
| (O) More than $250,000,000 |
34 |
| (P) More than $550,000,000 |
36.”; |
Section 5E1.2 is amended in subsection (c)(3) by striking the following:
“ Fine Table
Offense
Level |
A
Minimum |
B
Maximum |
| 3 and below |
$100 |
$5,000 |
| 4–5 |
$250 |
$5,000 |
| 6–7 |
$500 |
$5,000 |
| 8–9 |
$1,000 |
$10,000 |
| 10–11 |
$2,000 |
$20,000 |
| 12–13 |
$3,000 |
$30,000 |
| 14–15 |
$4,000 |
$40,000 |
| 16–17 |
$5,000 |
$50,000 |
| 18–19 |
$6,000 |
$60,000 |
| 20–22 |
$7,500 |
$75,000 |
| 23–25 |
$10,000 |
$100,000 |
| 26–28 |
$12,500 |
$125,000 |
| 29–31 |
$15,000 |
$150,000 |
| 32–34 |
$17,500 |
$175,000 |
| 35–37 |
$20,000 |
$200,000 |
| 38 and above |
$25,000 |
$250,000.”, |
and inserting the following:
“ Fine Table
Offense
Level |
A
Minimum |
B
Maximum |
| 3 and below |
$200 |
$9,500 |
| 4–5 |
$500 |
$9,500 |
| 6–7 |
$1000 |
$9,500 |
| 8–9 |
$2,000 |
$20,000 |
| 10–11 |
$4,000 |
$40,000 |
| 12–13 |
$5,500 |
$55,000 |
| 14–15 |
$7,500 |
$75,000 |
| 16–17 |
$10,000 |
$95,000 |
| 18–19 |
$10,000 |
$100,000 |
| 20–22 |
$15,000 |
$150,000 |
| 23–25 |
$20,000 |
$200,000 |
| 26–28 |
$25,000 |
$250,000 |
| 29–31 |
$30,000 |
$300,000 |
| 32–34 |
$35,500 |
$350,000 |
| 35–37 |
$40,000 |
$400,000 |
| 38 and above |
$50,000 |
$500,000.”; |
in subsection (c)(4) by striking “$250,000” and inserting “$500,000”;
and by inserting after subsection (g) the following new subsection (h):
“(h) Special Instruction
(1) For offenses committed prior to November 1, 2015, use the applicable fine guideline range that was set forth in the version of §5E1.2(c) that was in effect on November 1, 2014, rather than the applicable fine guideline range set forth in subsection (c) above.”.
Section 8C2.4 is amended in subsection (d) by striking the following:
“ Offense Level Fine Table
| Offense Level |
Amount |
| 6 or less |
$5,000 |
| 7 |
$7,500 |
| 8 |
$10,000 |
| 9 |
$15,000 |
| 10 |
$20,000 |
| 11 |
$30,000 |
| 12 |
$40,000 |
| 13 |
$60,000 |
| 14 |
$85,000 |
| 15 |
$125,000 |
| 16 |
$175,000 |
| 17 |
$250,000 |
| 18 |
$350,000 |
| 19 |
$500,000 |
| 20 |
$650,000 |
| 21 |
$910,000 |
| 22 |
$1,200,000 |
| 23 |
$1,600,000 |
| 24 |
$2,100,000 |
| 25 |
$2,800,000 |
| 26 |
$3,700,000 |
| 27 |
$4,800,000 |
| 28 |
$6,300,000 |
| 29 |
$8,100,000 |
| 30 |
$10,500,000 |
| 31 |
$13,500,000 |
| 32 |
$17,500,000 |
| 33 |
$22,000,000 |
| 34 |
$28,500,000 |
| 35 |
$36,000,000 |
| 36 |
$45,500,000 |
| 37 |
$57,500,000 |
| 38 or more |
$72,500,000.”, |
and inserting the following:
“ Offense Level Fine Table
| Offense Level |
Amount |
| 6 or less |
$8,500 |
| 7 |
$15,000 |
| 8 |
$15,000 |
| 9 |
$25,000 |
| 10 |
$35,000 |
| 11 |
$50,000 |
| 12 |
$70,000 |
| 13 |
$100,000 |
| 14 |
$150,000 |
| 15 |
$200,000 |
| 16 |
$300,000 |
| 17 |
$450,000 |
| 18 |
$600,000 |
| 19 |
$850,000 |
| 20 |
$1,000,000 |
| 21 |
$1,500,000 |
| 22 |
$2,000,000 |
| 23 |
$3,000,000 |
| 24 |
$3,500,000 |
| 25 |
$5,000,000 |
| 26 |
$6,500,000 |
| 27 |
$8,500,000 |
| 28 |
$10,000,000 |
| 29 |
$15,000,000 |
| 30 |
$20,000,000 |
| 31 |
$25,000,000 |
| 32 |
$30,000,000 |
| 33 |
$40,000,000 |
| 34 |
$50,000,000 |
| 35 |
$65,000,000 |
| 36 |
$80,000,000 |
| 37 |
$100,000,000 |
| 38 or more |
$150,000,000.”; |
and by inserting after subsection (d) the following new subsection (e):
“(e) Special Instruction
(1) For offenses committed prior to November 1, 2015, use the offense level fine table that was set forth in the version of §8C2.4(d) that was in effect on November 1, 2014, rather than the offense level fine table set forth in subsection (d) above.”.
Reason for Amendment: This amendment makes adjustments to the monetary tables in §§2B1.1 (Theft, Property, Destruction, and Fraud), 2B2.1 (Burglary), 2B3.1 (Robbery), 2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors), 2T4.1 (Tax Table), 5E1.2 (Fines for Individual Defendants), and 8C2.4 (Base Fine) to account for inflation. The amendment adjusts the amounts in each of the seven monetary tables using a specific multiplier derived from the Consumer Price Index (CPI), and then rounds—
-
amounts greater than $100,000,000 to the nearest multiple of $50,000,000;
-
amounts greater than $10,000,000 to the nearest multiple of $5,000,000;
-
amounts greater than $1,000,000 to the nearest multiple of $500,000;
-
amounts greater than $100,000 to the nearest multiple of $50,000;
-
amounts greater than $10,000 to the nearest multiple of $5,000;
-
amounts greater than $1,000 to the nearest multiple of $500; and
-
amounts of $1,000 or less to the nearest multiple of $50.
In addition, the amendment includes conforming changes to other Chapter Two guidelines that refer to the monetary tables.
Congress has generally mandated that agencies in the executive branch adjust the civil monetary penalties they impose to account for inflation using the CPI. See 28 U.S.C. § 2461 note (Federal Civil Penalties Inflationary Adjustment Act of 1990). Although the Commission’s work does not involve civil monetary penalties, it does establish appropriate criminal sentences for categories of offenses and offenders, including appropriate amounts for criminal fines. While some of the monetary values in the Chapter Two guidelines have been revised since they were originally established in 1987, none of the tables has been specifically revised to account for inflation.
Due to inflationary changes, there has been a gradual decrease in the value of the dollar over time. As a result, monetary losses in current offenses reflect, to some degree, a lower degree of harm and culpability than did equivalent amounts when the monetary tables were established or last substantively amended. Similarly, the fine levels recommended by the guidelines are lower in value than when they were last adjusted, and therefore, do not have the same sentencing impact as a similar fine in the past. Based on its analysis and widespread support for inflationary adjustments expressed in public comment, the Commission concluded that aligning the above monetary tables with modern dollar values is an appropriate step at this time.
The amendment adjusts each table based on inflationary changes since the year each monetary table was last substantially amended:
-
Loss table in §2B1.1 and tax table in §2T4.1: adjusting for inflation from 2001 ($1.00 in 2001 = $1.34 in 2014);
-
Loss tables in §§2B2.1 and 2B3.1 and fine table for individual defendants at §5E1.2(c)(3): adjusting for inflation from 1989 ($1.00 in 1989 = $1.91 in 2014);
-
Volume of Commerce table in §2R1.1: adjusting for inflation from 2005 ($1.00 in 2005 = $1.22 in 2014); and
-
Fine table for organizational defendants at §8C2.4(d): adjusting for inflation from 1991 ($1.00 in 1991 = $1.74 in 2014).
Adjusting from the last substantive amendment year appropriately accounts for the Commission’s previous work in revising these tables at various times. Although not specifically focused on inflationary issues, previous Commissions engaged in careful examination (and at times, a wholesale rewriting) of the monetary tables and ultimately included monetary and enhancement levels that it considered appropriate at that time. The Commission estimates that this amendment would result in the Bureau of Prisons having approximately 224 additional prison beds available at the end of the first year after implementation, and approximately 956 additional prison beds available at the end of its fifth year of implementation.
Finally, the amendment adds a special instruction to both §§5E1.2 and 8C2.4 providing that, for offenses committed prior to November 1, 2015, the court shall use the fine provisions that were in effect on November 1, 2014, rather than the fine provisions as amended for inflation. This addition responds to concerns expressed in public comment that changes to the fine tables might create ex post facto problems. It ensures that an offender whose offense level is calculated under the current Guidelines Manual is not subject to the inflated fine provisions if his or her offense was committed prior to November 1, 2015. Such guidance is similar to that provided in the commentary to §5E1.3 (Special Assessment) relating to the amount of the special assessment to be imposed in a given case.
Effective Date: The effective date of this amendment is November 1, 2015.