What is the test for a charge of conspiracy to pervert the course of justice under 12 U.S.C. 1817(j)(16) of the Criminal Code?

The statute states: "If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor." 18 U.S.C. Sec. 371. A crime punishable by a fine only was a misdemeanor as of the date of the offense. 18 U.S.C. Sec. 1 (1982) (repealed). ³ Tuohey thus argues that since he could only have been fined for a violation of 12 U.S.C. Sec. 1817(j)(16), his crime was a misdemeanor, assuming it was a crime at all. This argument is meritless. The misdemeanor exception applies only to the "offense against the United States" part of section 371, not to the second part under which Tuohey was convicted, defrauding the United States. United States v. Segal, 852 F.2d 1152, 1157 (9th Cir.1988).