What is the test for a manager or supervisor of a criminal enterprise to be found guilty of conspiracy to pervert the course of justice?
MultiRegion, United States of America
The following excerpt is from United States v. Khan, No. 18-2870-cr, No. 18-2874-cr (2nd Cir. 2019):
a manager or supervisor . . . and the criminal activity involved five or more participants or was otherwise extensive." U.S.S.G. 3B1.1(b). In determining if the activity was "otherwise extensive," a court looks to whether the scheme is the "functional equivalent" of one involving at least five knowing participants. United States v. Kent, 821 F.3d 362, 369 (2d Cir. 2016).
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