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.