Starting level and typical ranges
The starting level for this offense depends on another offense: offense level of the crime the records offense helped or hid. If the offense was done to help or hide a theft, fraud or embezzlement (§2B1.1), a bribe or gratuity (§2E5.1), or an obstruction of justice (§2J1.2), enter the level from that guideline. When using §2B1.1, start at its level 6, not 7: the 7 is only for convictions sentenced under §2B1.1 that carry a 20-year maximum. If none of these applies, the level is 6. Use the calculator above and enter that level when asked.
Important details
- The level is the greater of 6 or, if the offense was committed to help or hide a theft, fraud or embezzlement, a bribe or gratuity, or an obstruction of justice, the level from §2B1.1, §2E5.1 or §2J1.2, as applicable (§2E5.3(a)).
- 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
Is the calculator accurate for false benefit plan and union records?
It follows §2E5.3 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.
Related offenses
- RICOTook part in an ongoing criminal organizationVerified
- Travel Act ViolationsTraveled or used the mail, phone or internet to aid illegal activityVerified
- Violent Crimes in Aid of Racketeering (VICAR)Committed or threatened violence for a gang or criminal organizationVerified
- Murder for HireHired someone, or agreed to be hired, to kill a personVerified
- LoansharkingMade or collected loans using threats or violenceVerified
- Illegal Gambling and Animal FightingRan illegal gambling, or was involved in dog fighting or cockfightingVerified
- Contraband CigarettesTrafficked untaxed cigarettes or smokeless tobaccoVerified
- Bribery Involving Benefit Plans or UnionsPaid or took a bribe involving a union or employee benefit planVerified