Government Benefits Fraud

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Of the 66,662 cases reported to the Commission in fiscal year 2025, 965 involved government benefits fraud.1,2 Government benefits fraud offenses have increased 182% since fiscal year 2021.

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Individual and Offense Characteristics

 

 

  • 62% of individuals sentenced for government benefits fraud were men.
     
  • 57% were Black, 20% were White, 20% were Hispanic, and 3% were Other races.
     
  • Their average age was 41 years. 
     
  • 90% were United States citizens.
     
  • 72% had little or no prior criminal history (Criminal History Category I).
     
  • 56% received the adjustment at USSG §4C1.1 for zero criminal history points.
     
  • The median loss for these offenses was $144,000;3
    • 2% involved loss amounts of zero;
    • 26% involved loss amounts greater than $550,000.
       
  • Sentences were increased for:
    • the number of victims or the extent of harm to victims (15%);4
    • using sophisticated means to execute or conceal the offense (13%);
    • using an unauthorized means of identification (18%);
    • fraud or theft in connection with a major disaster or emergency (22%);
    • a leadership or supervisory role in the offense (7%);
    • abusing a public position of trust or using a special skill (3%);
    • obstructing or impeding the administration of justice (2%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (4%).
       
  • The top five districts for government benefits fraud were:
    • District of Puerto Rico (64);
    • Southern District of Florida (57);
    • Eastern District of Texas (50);
    • Middle District of Florida (42);
    • Eastern District of Virginia (38).

 

Punishment

  • The average sentence for individuals sentenced for government benefits fraud offenses was 16 months. 
     
  • 66% were sentenced to prison. 
     
  • 3% were convicted of an offense carrying a mandatory minimum penalty; 8% of those individuals were relieved of that penalty.

 

Sentences Relative to the Guideline Range 

  • 56% of sentences for government benefits fraud were under the Guidelines Manual.
    • 41% were within the guideline range.
       
    • 12% were substantial assistance departures.
      • The average sentence reduction was 63%.
         
    • 3% were some other downward departure.
      • The average sentence reduction was 59%.
    • Less than 1% were an upward departure.5
       
  • 44% of sentences for government benefits fraud were variances.
    • 43% were downward variances.
      • The average sentence reduction was 64%.
         
    • 1% were upward variances.
      • The average sentence increase was 55%.
         

 

 

 

 

  • The average guideline minimum and average sentence fluctuated over the past five years.
    • The average guideline minimum was 20 months in fiscal year 2021 and 23 months in fiscal year 2025. 
       
    • The average sentence was 13 months in fiscal year 2021 and 16 months in fiscal year 2025.

 

1 Government benefits fraud includes cases 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 and where the offense conduct as described in the Presentence Report involved a false claim to the federal or a state government involving assistance programs from federal agencies.

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 Victims Table and Sophisticated Means adjustment were amended effective November 1, 2015.

5 The Commission does not report the average for categories with fewer than three cases.

6 “Early Disposition Program” (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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