That's a good catch; I just grabbed the indictment from PACER. Worth noting though that they don't have to find Thompson guilty on those counts to trigger those accelerators (and it's hard to believe Thompson could dodge the PII sentencing modification since there's zero doubt as to whether their conduct involved PII).
Ultimately though I think it'll come down to how much money Capital One lost dealing with this and the aftermath (again, I assume less the fines and lawsuit).
Ultimately though I think it'll come down to how much money Capital One lost dealing with this and the aftermath (again, I assume less the fines and lawsuit).