Tax Fraud

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 360 involved tax fraud (up 11.0% since fiscal year 2020).1,2

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

Individual and Offense Characteristics

 

 

  • 76.4% of individuals sentenced for tax fraud were men.
     
  • 51.5% were White, 25.9% were Black, 11.3% were Hispanic, and 11.3% were Other races.
     
  • Their average age was 54 years. 
     
  • 93.8% were United States citizens.
     
  • 86.8% had little or no prior criminal history (Criminal History Category I).
     
  • The median loss for these offenses was $491,302;3
    • 9.0% involved loss amounts of less than $100,000;
    • 20.5% involved loss amounts greater than $1.5 million.
       
  • Sentences were increased for:
    • using sophisticated means to execute or conceal the offense (16.9%);
    • a leadership or supervisory role in the offense (6.5%);
    • abusing a public position of trust or using a special skill (3.7%);
    • obstructing or impeding the administration of justice (6.5%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (1.1%).
       
  • The top five districts for tax fraud offenses were:
    • District of Massachusetts (20);
    • Northern District of Ohio (17);
    • Eastern District of New York (16);
    • Middle District of Florida (16);
    • Central District of California (15).

 

Punishment

  • The average sentence length for individuals sentenced for tax fraud was 15 months. 
     
  • 66.0% were sentenced to prison. 
     
  • No individuals were convicted of an offense carrying a mandatory minimum penalty.

 

Sentences Relative to the Guideline Range 

  • 45.2% of sentences for tax fraud were under the Guidelines Manual.
    • 28.9% were within the guideline range.
       
    • 12.4% were substantial assistance departures.
      • The average sentence reduction was 79.9%.
         
    • 3.7% were some other downward departure.
      • The average sentence reduction was 69.5%.
         
  • 54.8% of sentences for tax fraud were variances.
    • 54.5% were downward variances.
      • The average sentence reduction was 64.4%.
         
    • 0.3% were upward variances.4

 

 

 

 

  • The average guideline minimum increased and average sentence imposed have remained steady over the past five years.
    • The average guideline minimum was 26 months in fiscal year 2020 and 25 months in fiscal year 2024.
       
    • The average sentence imposed was 16 months in fiscal year 2020 and 15 months in fiscal year 2024.

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

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.