Q: I’m charged with a federal fraud offense. Does the dollar amount still matter the same way it did years ago?
A: The U.S. Sentencing Commission has proposed updating the monetary tables throughout the Federal Sentencing Guidelines to account for inflation. The current dollar thresholds were last updated in 2015, and since then the purchasing power of the dollar has decreased by approximately 36%.
Why This Matters for White Collar Cases
Federal fraud, embezzlement, and theft sentences are heavily driven by the dollar amount of the loss. The current loss table thresholds were set in 2015, meaning that a loss amount that was significant then may represent a relatively ordinary amount today. A defendant whose loss amount just exceeds a threshold could face years of additional prison time based on a line that has not kept pace with reality.
The Proposed Change
The Commission’s proposed amendment would adjust all monetary values in the guidelines upward to reflect cumulative inflation since 2015. If adopted, this could reduce sentencing ranges for many economic crime defendants because loss amounts that currently trigger higher offense levels would need to be proportionally larger.
What This Means for Pending Cases
If the amendment is adopted and made retroactive, it could benefit people who are currently serving sentences for economic crimes. Even if it is not retroactive, defendants sentenced after the amendment takes effect would benefit from the updated thresholds.
Related Practice Areas
White Collar Crimes | Federal Sentencing | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.