Bribery

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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%).
       
  • 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%.
         
    • 6.2% received some other downward departure.
      • Their average sentence reduction was 54.7%.
         
  • 44.2% received a variance; of those individuals: 
    • 98.1% received a downward variance.
      • Their average sentence reduction was 56.6%.
         
    • 1.9% received an upward variance.[4]

 

 

 

 

  • 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.

[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.