(a) Base Offense Level:
(1) 23, if convicted under 18 U.S.C. § 1956(a)(1)(A), (a)(2)(A), or (a)(3)(A);
(2) 20, otherwise.
(b) Specific Offense Characteristics
(1) If the defendant knew or believed that the funds were the proceeds of an unlawful activity involving the manufacture, importation, or distribution of narcotics or other controlled substances, increase by 3 levels.
(2) If the value of the funds exceeded $100,000, increase the offense level as follows:
| Value (Apply the Greatest) | Increase in Level | |
| (A) | $100,000 or less | no increase |
| (B) | More than $100,000 | add 1 |
| (C) | More than $200,000 | add 2 |
| (D) | More than $350,000 | add 3 |
| (E) | More than $600,000 | add 4 |
| (F) | More than $1,000,000 | add 5 |
| (G) | More than $2,000,000 | add 6 |
| (H) | More than $3,500,000 | add 7 |
| (I) | More than $6,000,000 | add 8 |
| (J) | More than $10,000,000 | add 9 |
| (K) | More than $20,000,000 | add 10 |
| (L) | More than $35,000,000 | add 11 |
| (M) | More than $60,000,000 | add 12 |
| (N) | More than $100,000,000 | add 13 |
(c) Special Instruction for Fines - Organizations
(1) In lieu of the applicable amount from the table in subsection (d) of §8C2.4 (Base Fine), use:
Commentary
Statutory Provision: 18 U.S.C. § 1956.
Background: The statute covered by this guideline is a part of the Anti-Drug Abuse Act of 1986, and prohibits financial transactions involving funds that are the proceeds of "specified unlawful activity," if such transactions are intended to facilitate that activity, or conceal the nature of the proceeds or avoid a transaction reporting requirement. The maximum term of imprisonment authorized is twenty years.
In keeping with the clear intent of the legislation, this guideline provides for substantial punishment. The punishment is higher than that specified in §2S1.2 and §2S1.3 because of the higher statutory maximum, and the added elements as to source of funds, knowledge, and intent.
A higher base offense level is specified if the defendant is convicted under 18 U.S.C. § 1956(a)(1)(A), (a)(2)(A), or (a)(3)(A) because those subsections apply to defendants who encouraged or facilitated the commission of further crimes. Effective November 18, 1988, 18 U.S.C. § 1956(a)(1)(A) contains two subdivisions. The base offense level of 23 applies to § 1956(a)(1)(A)(i) and (ii).
The amount of money involved is included as a factor because it is an indicator of the magnitude of the criminal enterprise, and the extent to which the defendant aided the enterprise. Narcotics trafficking is included as a factor because of the clearly expressed Congressional intent to adequately punish persons involved in that activity.