Culpability Score. Based upon USSG § 8C2.5, the culpability score is 8, calculated as follows:
(a) Base Culpability Score 5 (b)(3) The relevant unit of the organization had 200 or more employees and one or more individuals within high-level personnel of the unit participated in, condoned, or was willfully ignorant of the offense +3
Culpability Score. Based upon USSG § 8C2.5, the culpability score is 5, calculated as follows:
(a) Base Culpability Score 5
Culpability Score. Based upon USSG § 8C2.5, the culpability score is 5, calculated as follows:
(a) Base Culpability Score 5 (b)(1) Organization had 5,000 or more employees and an individual within high-level personnel of the organization participated in, condoned, or was wilfully ignorant of the offense +5
(1) The organization, prior to an imminent threat of disclosure or government investigation, within a reasonably prompt time after becoming aware of the offense, reported the offense, fully cooperated, and clearly demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct; -5 TOTAL CULPABILITY SCORE 5 e. Calculation of Fine Range. Base Fine $28,500,000 Multipliers 1.0 (minimum)/2.0 (maximum) Fine Range $28,500,000-$57,000,000 Subject to the terms of Paragraph 8 below, J&J agrees to pay a monetary penalty in the amount of $21,400,000, a 25 percent reduction off the bottom of the fine range, to the United States Treasury within ten days of the execution of this Agreement. J&J and the Department agree that this fine is appropriate given J&J’s voluntary and thorough disclosure of the misconduct at issue, the nature and extent of J&J’s cooperation in this matter, penalties related to the same conduct in the United Kingdom and Greece, J&J’s cooperation in the Department’s investigation of other companies, and J&J’s extraordinary remediation. The $21,400,000 penalty is final and shall not be refunded if the Department moves to dismiss the Information pursuant to this Agreement, or should the Department later determine that J&J has breached this Agreement and bring a prosecution against J&J. Furthermore, nothing in this Agreement shall be deemed an agreement by the Department that the $21400,000 amount is the maximum penalty that may be imposed in any such prosecution, and the Department is not precluded from arguing that the Court should impose a higher fine, although the Department agrees that under those circumstances, it will recommend to the Court that the amount paid under this Agreement should be offset against any fine the Court imposes as part of a judgment.
Culpability Score. Based upon USSG §8C2.5, the culpability score is 4, calculated as follows:
(a) Base Culpability Score 5 (b)(1) Organization had 1,000 or more employees and an individual within high-level personnel of the organization participated in, condoned, or was wilfully ignorant of the offense +4
(1) The organization, prior to an imminent threat of disclosure or government investigation, within a reasonably prompt time after becoming aware of the offense, reported the offense, fully cooperated, and clearly demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct; -5 TOTAL CULPABILITY SCORE 4 e. Calculation of Fine Range. Base Fine $6,300,000 Multipliers 0.8(minimum)/1.6(maximum) Fine Range $5,040,000 to $10,080,000 Tyson agrees to pay a monetary penalty in the amount of $4,000,000. Tyson and the Department agree that this fine is appropriate given Tyson’s voluntary disclosure of the misconduct at issue, the nature and extent of Tyson’s cooperation in this matter, and Tyson’s remedial measures. Tyson and the Department agree that Tyson will pay this $4,000,000 monetary penalty within ten days of the execution of this Agreement. The $4,000,000 penalty is final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Department that the $4,000,000 amount is the maximum penalty that may be imposed in any future prosecution, and the Department is not precluded from arguing in any such prosecution that the Court should impose a higher fine, although the Department agrees that under those circumstances, it will recommend to the Court that the amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment. Tyson acknowledges that no tax deduction may be sought in connection with the payment of any part of this $4,000,000 penalty.
Culpability Score. Based upon USSG § 8C2.5, the culpability score is 4, calculated as follows:
(a) Base Culpability Score 5 (b)(3) the organization had 1000 or more employees and an individual within high-level personnel of the organization participated in, condoned, or was willfully ignorant of the offense +4
(1) The organization, prior to imminent threat of disclosure or government investigation and within a reasonably prompt time after becoming aware of the offense, reported the offense to appropriate governmental authorities, fully cooperated in the investigation, and clearly demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct 5 Base Fine $72,500,000 Multipliers 0.80 (min)/ 1.60 (max) Fine Range $58 million / $116 million The Company agrees to pay a monetary penalty in the amount of $30 million, an approximately 48% percent reduction off the bottom of the fine range, to the United States Treasury within ten (10) days of the filing of the Information. The Company and the Department agree that this fine is appropriate given the facts and circumstances of this case, including: the nature and extent of Company’s voluntary disclosure, extraordinary cooperation, and extensive remediation in this matter. The $30 million penalty is final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Department that $30 million is the maximum penalty that may be imposed in any future prosecution, and the Department is not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Department agrees that under those circumstances, it will recommend to the Court that any amount paid under this Agreement should be offset against any fine the Court imposes as part of a future judgment. The Company acknowledges that no United States tax deduction may be sought in connection with the payment of any part of this $30 million penalty.
Culpability Score. Based upon USSG § 8C2.5, the culpability score is 5, calculated as follows:
(a) Base Culpability Score 5 (b)(4) The organization had 50 or more employees and an individual within substantial authority personnel participated in, condoned, or was willfully ignorant of the offense +2 (g)(2) Cooperation and acceptance - 2 TOTAL 5 Base Fine $105,657,000 Multipliers 1 (min) / 2 (max) Fine Range $105,657,000 / $211,314,000 The Company agrees to pay a monetary penalty in the amount of $79,242,750 to the United States Treasury (the “Total Criminal Penalty”). This reflects a 25 percent discount off the bottom of the Sentencing Guidelines fine range. The Company and the Fraud Section and the Office agree that the Company will pay the United States Treasury $39,621,375, equal to one- half of the Total Criminal Penalty, within ten business days of the execution of the Agreement. The Fraud Section and the Office agree to credit toward satisfaction of the Total Criminal Penalty the amount the Company pays to authorities in Brazil, up to a maximum of $39,621,375, 1 Because the conduct predates 2015, the 2014 Sentencing Guidelines have been used for the fine calculation. See USSG § 8C2.4(e)(1). so long as the Company pays the remaining amount to Brazil pursuant to the Company’s separate resolution with Brazilian authorities related to the same underlying conduct described in the Statement of Facts. Should any amount of the $39,621,375 payment to authorities in Brazil not be made within twelve months of the execution of this Agreement, the Company will be required to pay the remaining amount to the United States Treasury on or before one year from the date of the Agreement. The Company and the Fraud Section and the Office agree that this penalty is appropriate given the facts and circumstances of this case, including the Relevant Considerations described in Paragraph 4 of this Agreement. The Total Criminal Penalty is final and shall not be refunded. Furthermore, nothing in this Agreement shall be deemed an agreement by the Fraud Section and the Office that the Total Criminal Penalty is the maximum penalty that may be imposed in any future prosecution, and the Fraud Section and the Office are not precluded from arguing in any future prosecution that the Court should impose a higher fine, although the Fraud Section and the Office agree that under those circumstances, they will recommend to the Court that any amount paid under this Agreement should be offset against any fine t...
Culpability Score. Base Score: 5 (U.S.S.G. § 8C2.5(a)) Pervasive Tolerance/High-Level Personnel +4 (more than 1,000 employees) (U.S.S.G. § 8C2.5(b)(2)) Cooperation, Acceptance -1 (U.S.S.G. § 8C2.5(g)(3)) Total Culpability Score: 8
Culpability Score. Based upon USSG § 8C2.5, the culpability score is 8, calculated as follows:
(a) Base Culpability Score 5
(b) (1) the organization had 5,000 or more employees and an individual within high-level personnel of the organization participated in, condoned, or was willfully ignorant of the offense +5
(1) The organization fully cooperated in the investigation and clearly demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct -2 Base Fine $80,000,000 Multipliers 1.6 (min) / 3.2 (max) Fine Range $128,000,000 / $256,000,000 The Company agrees, pursuant to Title 18, United States Code, Section 3663A, to pay restitution to victims of the offense in the amount of $42,245,302 (the “Restitution Amount”). The Company agrees to bear the cost of the administration of all restitution claims by a third party claims administrator (“Claim Administrator”) who will report directly to the Fraud Section and the Office. The Company may select the claim administrator subject to the approval of the Fraud Section and the Office, and the Company must submit its selection no later than forty-five days after the signing of this Agreement. The Company further agrees to provide the Claim Administrator with full access to the books and records of the Company and all subsidiaries and affiliates as necessary in order for the Claim Administrator to pay restitution to victims. Subject to confirmation by the Fraud Section and the Office that any such payments occurred, the Company may offset the Restitution Amount otherwise required by this agreement based on payments made directly to shareholders in connection with the settlement of the shareholder class action captioned In re Celadon Group, Inc. Securities Litigation, No. 17-cv-02828-JFK (S.D.N.Y.) (the “Securities Class Action Settlement”). The Restitution Amount is payable as follows by the Company: · $5,000,000 is payable to the claim administrator no later than ninety days after the signing of this Agreement; · Beginning with the Company’s fiscal year 2020 (which concludes on June 30, 2020) and continuing to the Company’s fiscal year 2023 (which concludes on June 30, 2023), the company shall, no later than 120 days after the completion of each fiscal year, after first making all required payments to the Company’s term loan and revolving lenders (“Lenders”) required under the Company’s then effective term loan and revolving credit agreements (as amended, replaced or extended from time to time, the “Cred...
Culpability Score. With regard to determining defendant’s culpability score, pursuant to Guideline § 8C2.5(a), the base score is five points.
1. Pursuant to Guideline § 8C2.5(e), the culpability score is increased by three points because defendant willfully obstructed or impeded, attempted to obstruct or impede, or aided, abetted, or encouraged obstruction of justice during the investigation of the instant offense. Based on the guilty plea of Xxxxxx Xxxxxx, defendant agrees with the government’s position.
2. It is the government’s position that, pursuant to Guideline § 8C2.6, the applicable minimum and maximum multipliers for a culpability score of 8 are 1.60 and 3.20, respectively. Defendant reserves the right to dispute this calculation.
Culpability Score. Based upon U.S.S.G. § the culpability score is 5, calculated as follows:
(a) Base Culpability Score 5
