Of the 64,124 cases reported to the Commission in fiscal year 2023, 4,904 involved Theft, Property Destruction, and Fraud (down 14% since FY 2019) [1], [2].
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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%).
- 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%.
- Their average sentence increase was 76.4%.
- 27.5% received a substantial assistance departure.
- Their average sentence reduction was 68.7%.
- 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%.
- Their average sentence reduction was 42.4%.
- 5.2% received some other downward departure.
- Their average sentence reduction was 62.5%.
- Their average sentence reduction was 62.5%.
- 66.4% were sentenced within the guideline range.
- 44.1% received a variance; of those individuals:
- 95.5% received a downward variance.
- Their average sentence reduction was 57.2%.
- Their average sentence reduction was 57.2%.
- 4.5% received an upward variance.
- Their average sentence increase was 83.7%.
- 95.5% received a downward variance.
- 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.
- The average guideline minimum increased from 31 months in fiscal year 2019 to 33 months in fiscal year 2023.
[1] Theft, Property Destruction, and Fraud offenses include 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).
[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] “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.
[6] The Commission does not report the average for categories with three or fewer cases.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.