Individual and Offense Characteristics

• 69.0% of individuals sentenced for theft, property destruction, and fraud offenses were men. 
   
• 38.7% were White, 37.3% were Black, 17.3% were Hispanic, and 6.7% were Other races. 
   
• Their average age was 43 years. 
   
• 86.7% were United States citizens.
   
• 70.6% had little or no prior criminal history (Criminal History Category I). 
   
• The median loss for these offenses was $200,000;[3]
  • 9.9% involved loss amounts of $6,500 or less;
  • 18.5% involved loss amounts greater than $1.5 million. 
• Sentences were increased for:
  • the number of victims or extent of harm to victims (30.2%);[4]
  • using sophisticated means to execute or conceal the offense (16.3%); 
  • using an unauthorized means of identification (14.0%); 
  • a leadership or supervisory role in the offense (10.2%); 
  • abusing a public position of trust or using a special skill (14.5%); 
  • obstructing or impeding the administration of justice (4.2%). 
     
• Sentences were decreased for: 
  • minor or minimal participation in the offense (4.4%).
     
• The top five districts for individuals sentenced for theft, property destruction, and fraud offenses were:
  • Southern District of Florida (284); 
  • Southern District of New York (253); 
  • Central District of California (198); 
  • Eastern District of New York (154); 
  • Northern District of Texas (148). 

Punishment

• The average sentence length for individuals sentenced for theft, property destruction, and fraud offenses was 23 months. 
   
• 75.1% were sentenced to prison.
   
• 9.8% were convicted of an offense carrying a mandatory minimum penalty; of those individuals, 20.9% were relieved of that penalty.

Sentences Relative to the Guideline Range

• Of the 55.9% of individuals sentenced for theft, property destruction, and fraud offenses under the Guidelines Manual:
  • 66.4% were sentenced within the guideline range.
     
  • 0.8% received an upward departure. 
    • Their average sentence increase was 76.4%.
       
  • 27.5% received a substantial assistance departure. 
    • Their average sentence reduction was 68.7%.
       
  • 25.7% received an Early Disposition Program (EDP) departure.[5], [6]
    • Their average sentence reduction was 42.4%.
       
  • 5.2% received some other downward departure.
    • Their average sentence reduction was 62.5%.
       
• 44.1% received a variance; of those individuals: 
  • 95.5% received a downward variance.
    • Their average sentence reduction was 57.2%.
       
  • 4.5% received an upward variance.
    • Their average sentence increase was 83.7%.

• The average guideline minimum and average sentence imposed remained steady over the past five years.
  • The average guideline minimum increased from 31 months in fiscal year 2019 to 33 months in fiscal year 2023.
     
  • The average sentence imposed was 23 months in fiscal year 2019 and fiscal year 2023.