United States Sixth Circuit

Where a general consultancy fee and a "success fee" were designated separately in a payment agreement, and were subject to different conditions of payment, they constituted separate gratuities for purposes of enhancing the defendant's sentence for aiding and abetting the acceptance of an unlawful gratuity by a public official, under U.S.S.G. section 2C1.2(b)(1), which authorizes enhancement "if the offense involved more than one gratuity."

Appellate Information

• Decided 03/01/2002
• Published 03/01/2002

Judges

• Before:  KENNEDY, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Frank M. Pignatelli (briefed), Emershaw, Mushkat & Schneier, Akron, Ohio, for Appellant.


• For Appellees:
  
• Kathleen M. Brinkman (briefed), Assistant United States Attorney, Cincinnati, Ohio, for Appellee.