1998 Report to the Congress: Telemarketing Fraud Offenses


This report is submitted pursuant to the Telemarketing Fraud Prevention Act of 1998, which requires the Commission to submit to Congress - an explanation of each action taken under section 6(b)(1) of the Act to promulgate Federal sentencing guidelines or amend existing sentencing guidelines to provide for substantially increased penalties for persons convicted of telemarketing offenses, as amended by the Act. (October 1998)


Key Actions

  • The Commission added a two-level enhancement (on average an approximate 25% sentence increase) in the fraud guideline for offenses that are committed through mass-marketing.

  • The Commission added a two-level enhancement (on average, an additional 25% sentence increase) for fraud offenses that involve conduct, such as sophisticated concealment, that makes it difficult for law enforcement authorities to discover the offense or apprehend the offenders.

  • These amendments build on the May 1, 1998 Commission initiatives reflecting concern over the pernicious effects of telemarketing frauds, particularly as these offenses often impact large numbers of elderly, vulnerable victims.