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Sarbanes Oxley
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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—
(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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