TITLE VIII - CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY
SEC. 805. REVIEW OF FEDERAL SENTENCING GUIDELINES FOR OBSTRUCTION OF JUSTICE
AND EXTENSIVE CRIMINAL FRAUD.
(a) ENHANCEMENT OF FRAUD AND OBSTRUCTION OF JUSTICE SENTENCES. - Pursuant to
section 994 of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission shall review and amend, as appropriate,
the Federal Sentencing Guidelines and related policy statements to ensure that
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(1) the base offense level and existing enhancements contained
in United States Sentencing Guideline 2J1.2 relating to obstruction of justice
are sufficient to deter and punish that activity;
(2) the enhancements and specific offense characteristics
relating to obstruction of justice are adequate in cases where -
(A) the destruction, alteration, or fabrication of evidence
involves -
(i) a large amount of evidence, a large number of participants,
or is otherwise extensive;
(ii) the selection of evidence that is particularly probative
or essential to the investigation; or
(iii) more than minimal planning; or
(B) the offense involved abuse of a special skill or a position
of trust;
(3) the guideline offense levels and enhancements for violations
of section 1519 or 1520 of title 18, United States Code, as added by this title,
are sufficient to deter and punish that activity;
(4) a specific offense characteristic enhancing sentencing
is provided under United States Sentencing Guideline 2B1.1 (as in effect on
the date of enactment of this Act) for a fraud offense that endangers the solvency
or financial security of a substantial number of victims; and
(5) the guidelines that apply to organizations in United States
Sentencing Guidelines, chapter 8, are sufficient to deter and punish organizational
criminal misconduct.
(b) EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION. - The United States
Sentencing Commission is requested to promulgate the guidelines or amendments
provided for under this section as soon as practicable, and in any event not
later than 180 days after the date of enactment of this Act, in accordance with
the prcedures set forth in section 219(a) of the Sentencing Reform Act of 1987,
as though the authority under that Act had not expired.
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