The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination (press release available here).
The commission said it voted unanimously on a series of policy issues it plans to weigh in the 2025-2026 amendment cycle, including a reassessment of the role of actual loss, intended loss and gain in guidelines calculation, and whether the fraud guidelines as they stand "appropriately reflect the culpability of a defendant and harm to victims."
Other matters for consideration include the provision of additional guidance for judges regarding which sentencing options — such as imprisonment, probation or fines — are appropriate, possible revisions for the consideration of good behavior and overall simplification of the guidelines.