Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Was the payment a bribe or a gratuity: A bribe | 10 | 6–12 months | 0–6 months | 0–6 months | 10–16 months |
| Was the payment a bribe or a gratuity: A gratuity | 6 | 0–6 months | 0–6 months | 0–6 months | 2–8 months |
What changes the sentence
Each of these facts moves the offense level under §2E5.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Was the person being sentenced a fiduciary of the benefit plan or union: Yes, a fiduciary of the plan or union | +2 | §2E5.1(b)(1) |
| Value of payment or benefit: more than $2,500, rising in steps | +1 to +30 | §2E5.1(b)(2) |
Important details
- For organizations, a special rule sets the fine using the greatest of the payment, the benefit received for a bribe, or the resulting damages (§2E5.1(c)(1)). Not modeled.
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for bribery involving benefit plans or unions?
The guideline for bribery involving benefit plans or unions is §2E5.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 6 to level 10. The table on this page lists each starting point.
What is the guideline range for bribery involving benefit plans or unions with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 10) alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for bribery involving benefit plans or unions?
The guidelines allow it at the first starting point in the table: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for bribery involving benefit plans or unions?
It follows §2E5.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
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