The loss table
The loss is the greater of the actual loss and the intended loss (§2B1.1(b)(1), Notes to Table). The table adds levels as follows:
| Loss | Levels added |
|---|---|
| $6,500 or less | 0 |
| More than $6,500 | +2 |
| More than $15,000 | +4 |
| More than $40,000 | +6 |
| More than $95,000 | +8 |
| More than $150,000 | +10 |
| More than $250,000 | +12 |
| More than $550,000 | +14 |
| More than $1,500,000 | +16 |
| More than $3,500,000 | +18 |
| More than $9,500,000 | +20 |
| More than $25,000,000 | +22 |
| More than $65,000,000 | +24 |
| More than $150,000,000 | +26 |
| More than $250,000,000 | +28 |
| More than $550,000,000 | +30 |
What else raises a fraud sentence
| Fact | Levels | Rule |
|---|---|---|
| 10 or more victims, mass-marketing, or substantial financial hardship to 1 to 4 victims | +2 | §2B1.1(b)(2)(A) |
| Substantial financial hardship to 5 or more / 25 or more victims | +4 / +6 | (b)(2)(B), (C) |
| Sophisticated means, a scheme run from abroad, or relocated to dodge regulators | +2, at least level 12 | (b)(10) |
| Card skimmers, fake IDs, or one person's identity used to get more IDs | +2, at least level 12 | (b)(11) |
| Posing as a charity or government agency, bankruptcy fraud, violating a prior order | +2, at least level 10 | (b)(9) |
| Government health care program loss over $1M / $7M / $20M | +2 / +3 / +4 | (b)(7) |
| More than $1 million personally obtained from banks | +2, at least level 24 | (b)(17)(A) |
| Securities fraud by an officer, director, broker or investment adviser | +4 | (b)(20) |
The calculator above includes all 20 of §2B1.1's factors. Two Chapter Three adjustments common in fraud cases are not yet in it: abuse of a position of trust or use of a special skill (+2, §3B1.3), which often applies to executives, lawyers, accountants and doctors, and vulnerable victims (+2, §3A1.1).
Fraud sentences for common situations
Each row assumes no criminal record, an early guilty plea where available, and the 2-level zero-point reduction where it is available.
| Situation | How it adds up | Level | Guideline sentence |
|---|---|---|---|
| $50,000 wire fraud, one victim | 7 wire fraud +6 loss over $40,000 −2 plea −2 zero-point | 9 | 4–10 months |
| $300,000 scheme with 12 victims | 7 wire fraud +12 loss over $250,000 +2 10 or more victims −3 plea −2 zero-point | 16 | 21–27 months 1 year, 9 months to 2 years, 3 months |
| $2 million investment fraud, 30 investors, none devastated | 7 wire fraud +16 loss over $1.5 million +2 10 or more victims −3 plea −2 zero-point | 20 | 33–41 months 2 years, 9 months to 3 years, 5 months |
| Same, hidden behind shell companies | 7 wire fraud +16 loss over $1.5 million +2 10 or more victims +2 sophisticated means −3 plea −2 zero-point | 22 | 41–51 months 3 years, 5 months to 4 years, 3 months |
| $2 million investment fraud, convicted at trial | 7 wire fraud +16 loss over $1.5 million +2 10 or more victims −2 zero-point | 23 | 46–57 months 3 years, 10 months to 4 years, 9 months |
| $10 million Ponzi scheme, 25+ investors lost retirement savings No zero-point reduction when victims suffer substantial financial hardship | 7 wire fraud +20 loss over $9.5 million +6 25+ victims with substantial hardship −3 plea | 30 | 97–121 months 8 years, 1 month to 10 years, 1 month |
| $20,000 theft of government benefits | 6 theft charge, maximum under 20 years +4 loss over $15,000 −2 plea −2 zero-point | 6 | 0–6 months |
What most people don't expect
- “Loss” is the bigger of the actual loss and the intended loss. A scheme designed to take $1 million is scored at $1 million even if it collected $100,000.
- Victims' hardship matters more than their number. Twenty-five victims who lost their homes or retirement savings add 6 levels; 200 victims who each lost a little add 2.
- People with no criminal history points can get 2 more levels off. Since 2023, someone with zero criminal history points gets a 2-level reduction unless, among other things, they personally caused a victim substantial financial hardship (§4C1.1). See the zero-point guide.
- Aggravated identity theft adds a mandatory 2 years. A charge under 18 U.S.C. §1028A for using someone's identity during the fraud carries a 2-year term that runs on top of everything else.
- Restitution is separate. Paying victims back is ordered in addition to prison and does not reduce the guideline range, although early repayment can help show acceptance of responsibility.
How criminal history changes the number
The same facts produce very different sentences depending on the record. $2 million investment fraud, early guilty plea (the Category I figure assumes zero points and includes the zero-point reduction):
| I 0–1 pts | II 2–3 pts | III 4–6 pts | IV 7–9 pts | V 10–12 pts | VI 13+ pts |
|---|---|---|---|---|---|
| 33–41 months | 46–57 months | 51–63 months | 63–78 months | 77–96 months | 84–105 months |
See the criminal history guide for how points are counted.
Frequently asked questions
What is the guideline range for wire fraud?
It depends mostly on the loss. For someone with no criminal history points who pleads guilty: about 4–10 months for $50,000, 21–27 months for $300,000 with 12 victims, and 33–41 months for $2 million with 30 victims. The statutory maximum is 20 years, or 30 if a financial institution is affected.
Is probation possible for federal fraud?
Yes, for smaller losses. A range with a minimum of 0 months (Zone A) allows probation, and Zone B allows probation with home detention or community confinement. A $20,000 theft of government benefits by someone with no criminal history points who pleads guilty scores 0–6 months. A $50,000 wire fraud scores 4–10 months, in Zone B.
Does paying the money back reduce a fraud sentence?
Repayment before the fraud is detected can reduce the loss figure itself. After that, restitution is ordered separately; it does not change the loss table, but early, voluntary repayment can support acceptance of responsibility and a lower sentence within or below the range.
What counts as sophisticated means?
Especially complex or intricate conduct in carrying out or hiding the offense: layered shell companies, offshore accounts, fictitious entities. It adds 2 levels and sets a minimum of level 12. In the $2 million example it moves the range from 33–41 months to 41–51 months.
How does going to trial change the range in a fraud case?
A guilty plea is worth 2 or 3 levels. For the $2 million investment fraud, that is the difference between 33–41 months after a plea and 46–57 months after a trial.
Related
- Aggravated Identity TheftUsed someone else's identity while committing another felonyVerified
- Money LaunderingMoved or hid money that came from crimeVerified
- Tax EvasionCheated on taxes, or willfully did not file or payVerified
- Bribery of a Public OfficialGave, offered, asked for or took a bribe involving a public officialVerified
- Commercial Bribery and KickbacksPaid or took a bribe or kickback in private businessVerified
- Counterfeit MoneyMade, passed or had counterfeit U.S. moneyVerified
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