Making or Financing an Extortionate Extension of Credit; Collecting an

Extension of Credit by Extortionate Means (a) Base Offense Level: 20 (b) Specific Offense Characteristics (1) (A) If a firearm was discharged increase by 5 levels; or (B) if a dangerous weapon (including a firearm) was otherwise used, increase by 4 levels; or (C) if a dangerous weapon (including a firearm) was brandished or possessed, increase by 3 levels. (2) If any victim sustained bodily injury, increase the offense level accord- ing to the seriousness of the injury: DEGREE OF BODILY INJURY (A) Bodily Injury (B) Serious Bodily Injury (C) Permanent or Life-Threatening Bodily Injury (D) If the degree of injury is between that INCREASE IN LEVEL add 2 add 4 add 6 specified in subparagraphs (A) and (B), add 3 levels; or (E) If the degree of injury is between that specified in subparagraphs (B) and (C), add 5 levels. Provided, however, that the combined increase from application of paragraphs (1) and (2) shall not exceed 9 levels. (3) (A) If any person was abducted to facilitate commission of the offense or to facilitate escape, increase by 4 levels; or (B) if any person was physically restrained to facilitate commission of the offense or to facilitate escape, increase by 2 levels. (c) Cross Reference (1) If a victim was killed under circumstances that would constitute mur- der under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder). 202 ║ Guidelines Manual (November 1, 2024) §2E3.1 Commentary Statutory Provisions: 18 U.S.C. §§ 892–894. Application Notes: 1. Definitions.—Definitions of “firearm,” “dangerous weapon,” “otherwise used,” “bran- dished,” “bodily injury,” “serious bodily injury,” “permanent or life-threatening bodily injury,” “abducted,” and “physically restrained” are found in the Commentary to §1B1.1 (Ap- plication Instructions). 2. Interpretation of Specific Offense Characteristics.—See also Commentary to §2B3.2 (Ex- tortion by Force or Threat of Injury or Serious Damage) regarding the interpretation of the spe- cific offense characteristics. Background: This section refers to offenses involving the making or financing of extortionate exten- sions of credit, or the collection of loans by extortionate means. These “loan-sharking” offenses typically involve threats of violence and provide economic support for organized crime. The base offense level for these offenses is higher than the offense level for extortion because loan sharking is in most cases a continuing activity. In addition, the guideline does not include the amount of money involved because the amount of money in such cases is often difficult to determine. Other enhancements parallel those in §2B3.2 (Extortion by Force or Threat of Injury or Serious Damage). Historical Note Effective November 1, 1987. Amended effective November 1, 1989 (amendments 146–148); November 1, 1991 (amendment 398); November 1, 1993 (amendment 479); November 1, 2000 (amendment 601); Novem- ber 1, 2024 (amendment 831). 3. GAMBLING * * * * * Introductory Commentary This subpart covers a variety of proscribed conduct. The adjustments in Chapter Three, Part B (Role in the Offense) are particularly relevant in providing a measure of the scope of the offense and the defendant’s participation. Historical Note Effective November 1, 1987.