United States Sentencing Commission proposed USSG amendments for fraud cases

On April 5, 2023, the United States Sentencing Commission announced amendments to the United States Sentencing Guidelines that will come in to effect on November 1, 2023. Below is a summary of those changes as it relates to just fraud cases.

Under proposed USSG 4C1.1, a client will receive a 2-level decrease to their offense level if a)no criminal history points,

b)did not receive a terrorism adjustment under §3A1.4

c)did not use violence or threats of violence,

d) did not cause death or serious injury,

e) did not commit a sex offense,

f) did not cause any victim substantial financial hardship,

g) did not possess or use a firearm or deadly weapon,

h) did not violate a victim’s civil rights,

i) did not commit a hate crime, an adjustment under §3A1.1 , and

j) did not receive an aggravating role adjustment pursuant to Chapter 3 of the USSG.

Also, another related amendment provides in Application Note 4 (A) to §5C1.1 “that a sentence other than imprisonment is generally appropriate” for a client in Zone A or B after a §4C1.1 reduction

Under proposed USSG 5C1.1, a non-custodial sentence is “generally appropriate” for a Zero-Point Offender in Zone A or B of the Sentencing Table. For reference, the highest range for a Zero-Point offender in Zone B is 8-14 months imprisonment. For Zero-Point offenders outside of Zone A and B, however, subsection (b) to 5C1.1 suggests a downward departure, including to probation, for Zero-point offenders if the applicable Guidelines range “overstates the gravity of the offense because the offense of conviction is not a crime of violence or an otherwise serious offense.”

Long and short, there is a more of a possibility to get probation in less complex fraud cases now.

Contact contact us to get more details.