Typical Prison Sentences for White Collar Crimes
White collar crimes like fraud, embezzlement, insider trading, and money laundering often come with severe penalties and prison time. But how much time will a white collar criminal actually serve behind bars? This article takes a look at typical federal prison sentences for major white collar crimes.
About the Data
This article examines federal sentencing data from the United States Sentencing Commission (USSC) to provide a general overview of prison sentences imposed for white collar crimes like fraud and embezzlement. The data is from 2019 and excludes money laundering and tax evasion sentences, which the USSC tracks separately.
While this data can’t predict the outcome in any individual case, it offers useful insights into typical federal sentences for major white collar crimes. However, every case has unique circumstances, so the punishment imposed will vary.
Number of Fraud Sentences By State
In 2019, federal courts sentenced 2,374 defendants for fraud, theft, or embezzlement crimes. The states with the most fraud sentences were:
- California: 257 sentences
- Florida: 243 sentences
- Texas: 235 sentences
- New York: 233 sentences
- Georgia: 105 sentences
This data shows California, Florida, Texas, and New York seeing the most fraud cases and sentences in federal courts.
Type of Sentences Given
The chart below shows the types of sentences handed down for fraud and related crimes in 2019:
- Prison Only: 66.7% of sentences
- Prison + Supervised Release: 24.1% of sentences
- Probation Only: 14.7% of sentences
- Prison + Probation: 3.5% of sentences
This data indicates about 67% of fraud sentences involved prison time only. Another 25% got prison plus supervised release. Only around 15% received probation without any prison term.
Average Prison Sentence Length
For fraud defendants sentenced to prison in 2019, the average prison term was:
- Average: 45 months in prison
- Median: 27 months in prison
The average prison sentence was around 3.75 years, while the median was 2.25 years. But sentences varied widely from less than 1 year up to 20 years or more in some cases.
Does a Plea Deal Reduce Prison Time?
Defendants who took a plea deal received shorter average prison sentences than those convicted at trial. The averages were:
- Plea Deal: 44.7 months in prison
- Trial Conviction: 72.8 months in prison
This shows that taking a plea bargain may result in almost two years less prison time on average.
Do Judges Follow Sentencing Guidelines?
Federal judges followed the Sentencing Guidelines in about two-thirds of fraud cases. Sentences broke down as:
- Within Guideline Range: 64.1%
- Below Guideline Range: 19.6%
- Above Guideline Range: 16.2%
But judges exercised discretion and went outside the Guidelines in over one-third of cases, with more sentences below than above the Guidelines.
Impact of Criminal History on Sentencing
A prior criminal record significantly increased prison time. Average sentences were:
- No Criminal History: 33.7 months
- Extensive Criminal History: 85.7 months
Defendants with an extensive criminal history received more than 2.5 times the prison sentence of first-time offenders.
Does Education Affect Sentencing?
Better educated defendants received shorter average prison terms:
- College Graduate: 37.4 months
- High School Graduate: 51.7 months
- Less than High School: 61.7 months
This data shows defendants who graduated college got around 25% less prison time than those with less education.
Sentencing by Race and Gender
The average prison sentences by demographics were:
- White: 44.6 months
- Black: 59.7 months
- Hispanic: 41.7 months
- Male: 46.8 months
- Female: 35.6 months
Black defendants received the longest average prison terms, followed by white defendants. Women received shorter average sentences than men.
Key Takeaways
A few key points about typical federal prison sentences for white collar crimes:
- About 67% of sentences involve prison time only
- Average prison term is around 3.75 years
- Plea deals result in shorter sentences
- Criminal history increases sentences
- Education level impacts sentence length
But every case has unique circumstances, so no data can predict the outcome. An experienced white collar criminal defense lawyer is essential to get the best possible result in your case.
[1] USSC 2018 Data Sourcebook – Table 33 [2] USSC 2019 Data Sourcebook – Table 33 [3] LawInfo – Fraud Sentencing Statistics