Of the 64,124 cases reported to the Commission in fiscal year 2023, 238 involved bribery (down 5.6% since FY 2019). [1], [2]
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Individual and Offense Characteristics
- 77.3% of individuals sentenced for bribery offenses were men.
- 36.9% were White, 30.9% were Black, 18.5% were Hispanic, and 13.7% were Other races.
- Their average age was 50 years.
- 90.6% were United States citizens.
- 90.1% had little or no prior criminal history (Criminal History Category I).
- The median loss for these offenses was $35,115;[3]
- 35.9% involved loss amounts of $15,000 or less;
- 9.5% involved loss amounts greater than $1.5 million.
- Sentences were increased for:
- being a public official (52.4%);
- involving multiple bribes (79.0%);
- involving a high-level elected official (55.8%);
- a leadership or supervisory role in the offense (13.3%);
- abusing a public position of trust or using a special skill (1.3%);
- obstructing or impeding the administration of justice (6.0%).
- Sentences were decreased for:
- minor or minimal participation in the offense (6.4%).
- minor or minimal participation in the offense (6.4%).
- The top five districts for individuals sentenced for bribery offenses were:
- Southern District of New York (18);
- Eastern District of New York (16);
- District of Puerto Rico (12);
- Eastern District of Northern Carolina (12);
- District of Columbia (9).
Punishment
- The average sentence length for individuals sentenced for bribery offenses was 23 months.
- 82.0% were sentenced to prison.
- No individuals were convicted of an offense carrying a mandatory minimum penalty.
Sentences Relative to the Guideline Range
- Of the 55.8% of individuals sentenced for bribery offenses under the Guidelines Manual:
- 36.9% were sentenced within the guideline range.
- 56.9% received a substantial assistance departure.
- Their average sentence reduction was 66.7%.
- Their average sentence reduction was 66.7%.
- 6.2% received some other downward departure.
- Their average sentence reduction was 54.7%.
- Their average sentence reduction was 54.7%.
- 36.9% were sentenced within the guideline range.
- 44.2% received a variance; of those individuals:
- 98.1% received a downward variance.
- Their average sentence reduction was 56.6%.
- Their average sentence reduction was 56.6%.
- 1.9% received an upward variance.[4]
- 98.1% received a downward variance.
- The average guideline minimum and average sentence imposed remained steady over the past five years.
- The average guideline minimum was 45 months in fiscal year 2019 and fiscal year 2023.
- The average sentence imposed decreased from 25 months in fiscal year 2019 to 23 months in fiscal year 2023.
- The average guideline minimum was 45 months in fiscal year 2019 and fiscal year 2023.
[1] Bribery offenses include cases in which the offender was sentenced under §2C1.1 or §2C1.2 (Offering, Giving, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions or Offering, Giving, Soliciting, or Receiving a Gratuity).
[2] Cases with incomplete sentencing information were excluded from the analysis.
[3] The Loss Table was amended effective November 1, 2001 and November 1, 2015.
[4] The Commission does not report the average for categories with three or fewer cases.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.