S.D.N.Y. · Fraud/Theft/EmbezzlementFY2018–FY2025
Districts › Southern District of New York
Fraud/Theft/Embezzlement in the Southern District of New York
S.D.N.Y. · Second Circuit · Fraud/Theft/Embezzlement nationally
The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.
§ 1Length of prison terms
Interquartile range 1–36 months; mean 25. <10 cases at the Commission's 470-month cap (life or longer).
§ 2Summary
Fraud/Theft/Embezzlement was the primary offence type in 1,912 cases sentenced in the Southern District of New York between FY2018 and FY2025 (21% of the district's cases), with 177 in FY2025.
The median prison term was 17 months (1 yr 5 mo), shorter than the national median for fraud, theft and embezzlement offences (20 months) and close to the Second Circuit median (15). Half of prison terms fell between 1 and 36 months; 90% of cases carried a prison term.
21% of these sentences were within the guideline range (nationally for this offence type: 44%); 19% were below the range on a government motion and 59% below it for other reasons.
FY2025 had fewer cases than FY2018 (177 against 273). The median prison term in FY2025 (21 months) was longer than in FY2018 (18 months).
These are aggregates of past cases. The guideline range for any case depends on its offence level, criminal history and statutory minimums, and the sentence on the court's findings; no figure here estimates an outcome.
§ 3Position relative to the guideline range
Within guideline range 21%Above range 1%Below range, government sponsored 19%Below range, other 59%Not determinable <10
§ 4Compared with the district, the circuit and the nation
| Measure | S.D.N.Y., fraud/theft/embezzlement | S.D.N.Y., all offences | 2d Cir., fraud/theft/embezzlement | US, fraud/theft/embezzlement |
|---|---|---|---|---|
| Cases per fiscal year | 239 | 1,153 | 485 | 5,440 |
| Share of district caseload | 20.7% | 100% | — | — |
| Median prison months | 17 | 34 | 15 | 20 |
| Mean prison months | 25 | 55 | — | 28 |
| Cases with a prison term | 90% | 95% | 80% | 74% |
| Within guideline range | 21% | 22% | 26% | 44% |
| Above range | 1% | 1% | 1% | 3% |
| Below range, government sponsored | 19% | 21% | 25% | 25% |
| Below range, other | 59% | 56% | 48% | 29% |
| Median final offence level | 19 | 24 | — | 14 |
§ 5Trend by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 273 | 86% | 18 | 30% | 15% | 53% | — |
| FY2019 | 307 | 89% | 12 | 24% | 17% | 58% | — |
| FY2020 | 194 | 91% | 15 | 16% | 17% | 67% | — |
| FY2021 | 178 | 92% | 13 | 20% | 19% | 61% | — |
| FY2022 | 251 | 91% | 18 | 18% | 18% | 63% | — |
| FY2023 | 268 | 91% | 20 | 14% | 23% | 62% | — |
| FY2024 | 264 | 91% | 18 | 22% | 22% | 55% | — |
| FY2025 | 177 | 88% | 21 | 22% | 25% | 52% | — |
§ 6Criminal history
Share of cases at each final criminal history category; grey figure: fraud, theft and embezzlement offences nationally.
§ 7Guidelines applied
- §2B1.1 Larceny, embezzlement, theft, fraud and deceit · 1,795 cases in the district (all offence types)
- §none · 330 cases in the district (all offence types)
- §2B1.4 Insider trading · 69 cases in the district (all offence types)
- §2X3.1 Accessory after the fact · 26 cases in the district (all offence types)
- §2X1.1 Attempt, solicitation or conspiracy (not covered by a specific guideline) · 11 cases in the district (all offence types)
- §2F1.1 Fraud and deceit (pre-2001 guideline) · <10 cases in the district (all offence types)
Primary guidelines the Commission associates with this offence type, with the district's caseload under each across all offence types.
§ 8Questions and answers
What is the typical sentence for fraud, theft and embezzlement offences in the Southern District of New York?
The median prison term over FY2018–FY2025 was 17 months (1 yr 5 mo), with the middle half of terms between 1 and 36 months. 90% of cases carried a prison term. The national median for fraud, theft and embezzlement offences is 20 months.
How often are fraud, theft and embezzlement offences sentenced below the guideline range here?
19% of sentences were below the range on a government motion and 59% below it for other reasons; 21% were within the range. The Commission's categories are explained in the guide to how the guidelines work.
How does this compare with the rest of the country?
Nationally, fraud, theft and embezzlement offences had a median prison term of 20 months and a within-range share of 44% over the same period. The district's figures are below on median term and lower than the national within-range share.
Which guidelines are involved?
The most common primary guidelines for these cases are §2B1.1, §none and §2B1.4.
Is this a prediction for a particular case?
No. The figures are aggregates of sentences already imposed, as recorded by the US Sentencing Commission. They are not legal advice and do not estimate the outcome of any case.
§ 9Other offence types in the Southern District of New York
- Drug Trafficking 3,265
- Firearms 916
- Robbery 553
- Money Launder 454
- Immigration 315
- Assault 313
- Murder 302
- Bribery/Corruption 230
- Sex Abuse 153
- Extortion/Racketeering 141
- Tax 110
- Administration of Justice 99
§ 10Provenance
Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Offence type is the Commission's OFFGUIDE code 16; district is CIRCDIST 10. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.