Fraud Sentencing Guidelines Changed to Go Easier on "Least Culpable Offenders"
However, the courts also voted to recognize that not everyone is necessarily an equal participant in a fraud: under the new guidelines, courts would also consider the degree to which someone took part in the scheme, keeping in mind that those who acted as a "minor or minimal participant in an offense" could receive a reduced sentence.
“ This change is intended to encourage courts to ensure that the least culpable offenders, such as those who have no proprietary interest in a fraud , to receive a sentence commensurate with their own culpability without reducing sentences for leaders and organizers, ” said Chief Judge Patti B. Saris, chair of the Commission.