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Panelists split on expanding 'sophisticated means' across guidelines
Summary
DOJ recommended moving or clarifying the sophisticated‑means enhancement into chapter 3 to cover concealment and complexity across offense types; defenders and several advisory groups warned that export would expand and unevenly apply the enhancement, and urged either narrow drafting or retention with clearer examples limited to conduct like shell companies and layering.
The commission heard robust debate over whether the current 'sophisticated means' specific‑offense characteristic (now in §2B1.1) should be preserved in chapter 2 with clarified language, narrowed, or relocated into chapter 3 so it applies across Chapter 2 guidelines.
EOUSA and Department witnesses argued that a chapter‑3 adjustment would better capture harm caused when offenders…
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