Of the 66,662 cases reported to the Commission in fiscal year 2025, 324 involved tax fraud. Tax fraud offenses have decreased 12% since fiscal year 2021.1
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Individual and Offense Characteristics
- 73% of individuals sentenced for tax fraud were men.2
- 51% were White, 19% were Black, 18% were Hispanic, and 12% were Other races.
- Their average age was 53 years.
- 94% were United States citizens.
- 86% had little or no prior criminal history (Criminal History Category I).
- 72% received the adjustment at USSG §4C1.1 for zero criminal history points.
- The median loss for these offenses was $546,562;3
- 7% involved loss amounts of less than $100,000;
- 28% involved loss amounts greater than $1.5 million.
- Sentences were increased for:
- using sophisticated means to execute or conceal the offense (16%);
- a leadership or supervisory role in the offense (6%);
- abusing a public position of trust or using a special skill (2%);
- obstructing or impeding the administration of justice (4%).
- Sentences were decreased for:
- minor or minimal participation in the offense (2%).
- minor or minimal participation in the offense (2%).
- The top five districts for tax fraud offenses were:
- Middle District of Florida (30);
- District of New Jersey (24);
- Southern District of New York (17);
- Central District of California (15);
- Southern District of Florida (14).
Punishment
- The average sentence length for individuals sentenced for tax fraud was 17 months.
- 68% were sentenced to prison.
- No individuals were convicted of an offense carrying a mandatory minimum penalty.
Sentences Relative to the Guideline Range
- 43% of sentences for tax fraud were under the Guidelines Manual.
- 25% were within the guideline range.
- 15% were substantial assistance departures.
- The average sentence reduction was 78%.
- The average sentence reduction was 78%.
- 2% were some other downward departure.
- The average sentence reduction was 60%.
- The average sentence reduction was 60%.
- 25% were within the guideline range.
- 57% of sentences for tax fraud were variances.
- 56% were downward variances.
- The average sentence reduction was 61%.
- The average sentence reduction was 61%.
- 1% were upward variances.
- The average sentence increase was 36%.
- 56% were downward variances.
- The average guideline minimum increased and average sentence imposed have remained steady over the past five years.
- The average guideline minimum was 25 months in fiscal year 2021 and 26 months in fiscal year 2025.
- The average sentence imposed was 14 months in fiscal year 2021 and 17 months in fiscal year 2025.
- The average guideline minimum was 25 months in fiscal year 2021 and 26 months in fiscal year 2025.
1 Tax fraud offenses include cases in which the individual was sentenced under §2T1.1 or §2T1.4 (Tax Evasion; Willful Failure to File Return, Supply Information, or Pay Tax; Fraudulent or False Returns, Statements, or Other Documents or Aiding, Assisting, Procuring, Counseling, or Advising Tax Fraud).
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 “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.

