Counterfeiting

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 60 involved counterfeiting (down 63.0% since fiscal year 2020).1,2

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Individual and Offense Characteristics

 

 

  • 76.7% of individuals sentenced for counterfeiting offenses were men.
     
  • 46.7% were Black, 40.0% were White, and 13.3% were Hispanic.
     
  • Their average age was 38 years. 
     
  • 95.0% were United States citizens.
     
  • 26.7% had little or no prior criminal history (Criminal History Category I).
     
  • The median loss for these offenses was $7,285;3
    • 43.5% involved loss amounts of $6,500 or less;
    • 15.2% 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 (55.0%);
    • a leadership or supervisory role in the offense (3.3%);
    • obstructing or impeding the administration of justice (3.3%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (1.7%).
       
  • The top five districts for counterfeiting offenses were:
    • Middle District of Pennsylvania (7);
    • Middle District of Florida (4);
    • Southern District of West Virginia (3);
    • Eastern District of Texas (3);
    • Northern District of Ohio (3).

 

Punishment

  • The average sentence for individuals sentenced for counterfeiting offenses was 17 months. 
     
  • 86.7% were sentenced to prison. 
     
  • 1.7% were convicted of an offense carrying a mandatory minimum penalty; none of those individuals were relieved of that penalty.

 

Sentences Relative to the Guideline Range 

  • 60.0% of sentences for counterfeiting offenses were under the Guidelines Manual.
    • 51.7% were within the guideline range.
       
    • 5.0% were substantial assistance departures.
      • The average sentence reduction was 33.1%.
    • 3.3% were some other downward departure.4
       
  • 40.0% of sentences for counterfeiting offenses were variances.
    • 33.3% were downward variances.
      • The average sentence reduction was 57.5%.
    • 6.7% were upward variances.
      • The average sentence increase was 25.5%.

 

 

 

 

  • The average guideline minimum and average sentence imposed have remained steady over the past five years.
    • The average guideline minimum was 21 months in fiscal year 2020 and 20 months in fiscal year 2024.
       
    • The average sentence imposed was 18 months in fiscal year 2020 and 17 months fiscal year 2024.

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 fewer than three cases.

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