Of the 64,124 cases reported to the Commission in fiscal year 2023, 67 involved counterfeiting (down 71% since FY 2019). [1], [2]
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Individual and Offense Characteristics
- 83.1% of individuals sentenced for counterfeiting offenses were men.
- 43.1% were White, 43.1% were Black, 16.7% were Hispanic, and 10.6% were Other races.
- Their average age was 36 years.
- 100.0% were United States citizens.
- 15.4% had little or no prior criminal history (Criminal History Category I).
- The median loss for these offenses was $8,640;[3]
- 42.9% involved loss amounts of $6,500 or less;
- 9.6% involved loss amounts greater than $40,000.
- Sentences were increased for:
- manufacturing or producing counterfeit obligations or possessing counterfeit paper, altered currency paper, or a counterfeit deterrent (60.0%);
- a leadership or supervisory role in the offense (4.6%);
- obstructing or impeding the administration of justice (1.5%).
- Sentences were decreased for:
- minor or minimal participation in the offense (1.5%).
- minor or minimal participation in the offense (1.5%).
- The top five districts for individuals sentenced for counterfeiting offenses were:
- Western District of Louisiana (6);
- District of Minnesota (5);
- Eastern District of Washington (4);
- District of Kansas (4);
- Western District of Texas (3).
Punishment
- The average sentence for individuals sentenced for counterfeiting offenses was 17 months.
- 81.5% were sentenced to prison.
- 4.6% were convicted of an offense carrying a mandatory minimum penalty; of those individuals, 33.3% of them were relieved of that penalty.
Sentences Relative to the Guideline Range
- Of the 58.5% of all individuals sentenced for counterfeiting offenses under the Guidelines Manual:
- 78.9% were sentenced within the guideline range.
- 13.2% received a substantial assistance departure.
- Their average sentence reduction was 73.5%.
- Their average sentence reduction was 73.5%.
- 7.9% received some other downward departure.[4]
- 78.9% were sentenced within the guideline range.
- 41.5% received a variance; of those individuals:
- 96.3% received a downward variance.
- Their average sentence reduction was 59.1%.
- Their average sentence reduction was 59.1%.
- 3.7% received an upward variance.
- 96.3% received a downward variance.
- The average guideline minimum and average sentence imposed remained steady over the past five years.
- The average guideline minimum increased from 18 months in fiscal year 2019 to 22 months in fiscal year 2023.
- The average sentence imposed increased from 15 months in fiscal year 2019 and to 17 months fiscal year 2023.
- The average guideline minimum increased from 18 months in fiscal year 2019 to 22 months in fiscal year 2023.
[1] Counterfeit offenses include cases in which the individual was sentenced under §2B5.1 (Offenses Involving Counterfeit Bearer Obligations of the United States).
[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.