Of the 64,124 cases reported to the Commission in fiscal year 2023, 4,855 involved Theft, Property Destruction, and Fraud; 15.2% of such cases involved credit card and other financial instrument fraud, down 37.3% since FY 2019.[1], [2], [3]
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Individual and Offense Characteristics
- 76.1% of individuals sentenced for credit card and other financial instrument fraud were men.
- 48.2% were Black, 29.8% were White, 15.5% were Hispanic, and 6.5% were Other races.
- Their average age was 38 years.
- 79.9% were United States citizens.
- 49.7% had little or no prior criminal history (Criminal History Category I).
- The median loss for these offenses was $116,545;[4]
- 17.4% involved loss amounts of less than $15,000;
- 10.5% involved loss amounts greater than $550,000.
- Sentences were increased for:
- the number of victims or the extent of harm to victims (49.7%);[5]
- using sophisticated means to execute or conceal the offense (20.7%);
- using an unauthorized means of identification (40.1%);
- a leadership or supervisory role in the offense (12.5%);
- abusing a public position of trust or using a special skill (4.9%);
- obstructing or impeding the administration of justice (3.4%).
- Sentences were decreased for:
- minor or minimal participation in the offense (4.5%).
- minor or minimal participation in the offense (4.5%).
- The top five districts for individuals sentenced for credit card and other financial instrument fraud were:
- Central District of California (50);
- Southern District of New York (45);
- District of New Jersey (33);
- Middle District of Florida (31);
- Southern District of Florida (31).
Punishment
- The average sentence for individuals sentenced for credit card and other financial instrument fraud was 27 months.
- 91.0% were sentenced to prison.
- 23.4% were convicted of an offense carrying a mandatory minimum penalty; of those individuals, 18.6% were relieved of that penalty.
Sentences Relative to the Guideline Range
- 56.5% of individuals sentenced for credit card and other financial instrument fraud were sentenced under the Guidelines Manual; of those individuals:
- 64.9% were sentenced within the guideline range.
- 29.3% received a substantial assistance departure.
- Their average sentence reduction was 64.2%.
- Their average sentence reduction was 64.2%.
- 5.3% received some other downward departure.
- Their average sentence reduction was 42.9%.
- Their average sentence reduction was 42.9%.
- 64.9% were sentenced within the guideline range.
- 43.5% received a variance; of those individuals:
- 95.6% received a downward variance.
- Their average sentence reduction was 49.5%.
- Their average sentence reduction was 49.5%.
- 4.4% received an upward variance.
- Their average sentence increase was 61.0%.
- Their average sentence increase was 61.0%.
- 95.6% 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 34 months in fiscal year 2019 to 38 months in fiscal year 2023.
- The average sentence imposed was 27 months in fiscal year 2019 and fiscal year 2023.
- The average guideline minimum increased from 34 months in fiscal year 2019 to 38 months in fiscal year 2023.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] Theft, property destruction, and fraud offenses include cases with complete guideline application information in which the individual was sentenced under §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States) using a Guidelines Manual in effect on November 1, 2001 or later. See www.ussc.gov/research/quick-facts for the Quick Facts on §2B1.1 individuals.
[3] Credit card and other financial instrument fraud includes cases where the offense conduct as described in the Presentence Report involved fraudulent activity involving credit cards, debit cards, checks, bank accounts, or non-mortgage loans. Prior to fiscal year 2020, credit card fraud was a stand-alone category. Beginning in FY2020, credit card fraud is combined with other offenses involving financial instruments, resulting in a larger category of offenses. Therefore, previous Quick Facts for credit card offenses are not comparable to the category of offenses reported in this publication.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.