Bribery

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 229 involved bribery (up 56.0% since fiscal year 2020).1,2

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Individual and Offense Characteristics

 

 

  • 85.8% of individuals sentenced for bribery offenses were men.
     
  • 31.4% were White, 27.8% were Hispanic, 26.9% were Black, and 13.9% were Other races.
     
  • Their average age was 49 years. 
     
  • 90.2% were United States citizens.
     
  • 90.7% had little or no prior criminal history (Criminal History Category I). 
     
  • The median loss for these offenses was $43,701;3
    • 29.7% involved loss amounts of $15,000 or less;
    • 10.1% involved loss amounts greater than $1.5 million.
  • Sentences were increased for:
    • being a public official (49.8%);
    • involving multiple bribes (75.1%);
    • involving a high-level elected official (45.3%);
    • a leadership or supervisory role in the offense (5.8%);
    • abusing a public position of trust or using a special skill (0.4%);
    • obstructing or impeding the administration of justice (8.4%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (2.2%).
       
  • The top five districts for individuals sentenced for bribery offenses were:
    • Southern District of New York (30);
    • Eastern District of New York (21);
    • District of Columbia (14);
    • Eastern District of Pennsylvania (14);
    • Southern District of Texas (13).

 

Punishment

  • The average sentence for individuals sentenced for bribery offenses was 20 months. 
     
  • 80.0% were sentenced to prison.
     
  • 1.3% were convicted of an offense carrying a mandatory minimum penalty; 33.3% of those individuals were relieved of that penalty.

 

Sentences Relative to the Guideline Range

  • 52.0% of sentences for bribery offenses were under the Guidelines Manual.
    • 22.2% were within the guideline range.
       
    • 24.9% were substantial assistance departures.
      • The average sentence reduction was 72.2%.
    • 4.4% were some other downward departure.
      • The average sentence reduction was 60.6%.
    • 0.4% were upward departures.4
       
  • 48.0% of sentences for bribery were variances.
    • 46.7% were downward variances.
      • The average sentence reduction was 54.6%.
    • 1.3% were upward variances.
      • The average sentence increase was 38.5%.

 

 

 

 

  • The average guideline minimum and average sentence imposed have fluctuated over the past five years.
    • The average guideline minimum increased and decreased throughout the fiscal years. The average guideline minimum was 40 months in fiscal year 2020 and 37 months in fiscal year 2024.
    • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence imposed was 15 months in fiscal year 2020 and 20 months in fiscal year 2024.

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 fewer than three cases.

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.

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