Individual and Offense Characteristics

• 63.4% of individuals sentenced for government benefits fraud were men.
   
• 54.2% were Black, 27.0% were White, 14.1% were Hispanic, and 4.8% were Other races.
   
• Their average age was 42 years. 
   
• 90.7% were United States citizens.
   
• 67.7% had little or no prior criminal history (Criminal History Category I).
   
• The median loss for these offenses was $170,613;[4] 
  • 2.0% involved loss amounts of zero;
  • 13.7% involved loss amounts greater than $550,000.
     
• Sentences were increased for: 
  • the number of victims or the extent of harm to victims (10.5%); [5] 
  • using sophisticated means to execute or conceal the offense (9.0%);
  • using an unauthorized means of identification (13.3%);
  • fraud or theft in connection with a major disaster or emergency (12.2%);
  • a leadership or supervisory role in the offense (9.3%);
  • abusing a public position of trust or using a special skill (3.7%);
  • obstructing or impeding the administration of justice (3.0%).
     
• Sentences were decreased for: 
  • minor or minimal participation in the offense (3.9%).
     
• The top five districts for individuals sentenced for government benefits fraud were:
  • Southern District of Florida (57);
  • Southern District of Alabama (37);
  • Central District of California (36);
  • Northern District of Georgia (36);
  • Eastern District of Virginia (32).

Punishment

• The average sentence for individuals sentenced for government benefits fraud was 19 months. 
   
• 75.1% were sentenced to prison. 
   
• 5.3% were convicted of an offense carrying a mandatory minimum penalty; of those individuals, 19.0% were relieved of that penalty.

Sentences Relative to the Guideline Range 

• 50.1% of individuals sentenced for government benefits fraud were sentenced under the Guidelines Manual; of those individuals:
  • 63.4% were sentenced within the guideline range.
     
  • 27.8% received a substantial assistance departure.
    • Their average sentence reduction was 67.8%.
       
  • 7.6% received some other downward departure.
    • Their average sentence reduction was 60.9%.
       
• 49.9% received a variance; of those individuals: 
  • 98.0% received a downward variance.
    • Their average sentence reduction was 59.3%.
       
  • 2.0% received an upward variance.
    • Their average sentence increase was 43.0%.
       

• The average guideline minimum and average sentence imposed increased over the past five years.
  • The average guideline minimum increased from 14 months in fiscal year 2019 to 26 months in fiscal year 2023. 
     
  • The average sentence imposed increased from 10 months in fiscal year 2019 to 19 months fiscal year 2023.