Counterfeiting

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Of the 64,124 cases reported to the Commission in fiscal year 2023, 67 involved counterfeiting (down 71% since FY 2019). [1], [2]

Click the cover for the PDF handout or learn more below. 

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%).
       
  • 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%.
         
    • 7.9% received some other downward departure.[4]
       
  • 41.5% received a variance; of those individuals: 
    • 96.3% received a downward variance.
      • Their average sentence reduction was 59.1%.
         
    • 3.7% received an upward 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.

[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.